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Bid Request
For
2017 Storm Sewer Improvements — Park Drive
BID OPENING:
April 24, 2017 — 1:00 P.M. Local Time
50 S. Emerson Street, Mount Prospect, Illinois 60056
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
2017 Storm Sewer Improvements — Park Drive
NOTICE TO BIDDERS
Bid for
2017 Storm Sewer Improvements — Park Drive
Sealed bids will be received until 1:00 p.m. on April 24, 2017 in the office of the Village
Manager, 3rd Floor, 50 S. Emerson Street, Mount Prospect, Illinois 60056. In a
separate, sealed envelope please submit bid clearly marked:
"Sealed Bid for 2017 Storm Sewer Improvements — Park Drive"
The project consists of installing storm sewer at one (1) location. The project includes,
but is not limited to, the following bid items: HMA surface removal — 3.0", HMA leveling
binder, curb and gutter replacement, utility structure and pipe installation.
Illinois Department of Transportation Prequalification is required.
Plans and specifications may be obtained at the Village of Mount Prospect's Onvia
Demandstar website using the following link: www.mountprosgect.org/bids
All work under this Bid and the resulting contract shall comply with the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et seq. and the other applicable laws and
ordinances.
Offers may not be withdrawn for a period of ninety (90) days after the bid date without
the consent of the Board of Trustees.
Any Bid submitted unsealed, unsigned, sent via email or fax or received subsequent to
the aforementioned date and time, will be disqualified and returned to the bidder.
The Village reserves the right in its sole discretion, to reject any and all bids or parts
thereof, to waive any irregularities, technicalities, and informalities in bid procedures and
to award the contract in a manner best serving the interests of the Village.
Questions regarding this project should be directed to Charles Lindelof, Project
Engineer, Village of Mount Prospect, Public Works, 847-870-5640.
Village Manager
Michael J. Cassady
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2017 Storm Sewer Improvements — Park Drive
TABLE OF CONTENTS
3
Page
Notice to Bidders
2
Table of Contents:
3
Instructions to Bidders
5
General Conditions
11
Specifications
33
Special Provisions
34
CCDD Information
38
Bid Form
39
Affidavit — Bid Certification Form
42
Bid Security
44
Bid Sheet
45
Contract
46
Labor and Material Payment Bond
51
Performance Bond
54
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2017 Storm Sewer Improvements — Park Drive
Supporting Documents
• IDOT District 1 Special Provisions
o HMA Mixture Design Requirements (D-1) 04/01/2016
o Reclaimed Asphalt Pavement and ... Shingles (D-1)
04/02/2016
o Friction Aggregate (D-1) 04/29/2016
2017 Storm Sewer Improvements — Park Drive plan set
M
2017 Storm Sewer Improvements — Park Drive
INSTRUCTIONS TO BIDDERS
Bid. Bid forms are furnished by the Village. All bids must be submitted on the forms
provided, complete and intact, properly signed in ink in the proper spaces, and
submitted in a sealed envelope. All bids shall be delivered to the office of the
Village Manager, Village Hall, 3rd Floor, 50 S. Emerson Street, Mount Prospect,
Illinois 60056, not later than 1:00 p.m. on April 24, 2017. Envelopes shall be
plainly marked, "Sealed Bid for 2017 Storm Sewer Improvement — Park Drive"
and with the following information: company's name, address, date and time of
opening. Bids must be signed by an authorized official of the organization
submitting the bid with the name of the official and his/her title typed below the
signature.
2. Pre -Bid Conference. There will be no pre-bid conference for this project.
3. Bid Deposit; Surety. A bid deposit in the amount of ten percent (10%) of the total
bid amount, payable to the Village, is required, unless otherwise stated in the bid
package. The deposit must be in the form of a bid bond, certified check, or a bank
cashier's check. All bid performance deposit checks will be retained by the Village
until the bid award is made, at which time the checks will be promptly returned to
the unsuccessful bidders. The bid performance deposit check of the successful
bidder will be retained until surety bonding requirements have been satisfied and
proof of insurance coverage is provided.
4. Alternate Multiple Bids/Specifications. The Specifications describe the services
that the Village feels is necessary to meet the performance requirements of the
Village. It is not the desire or the intent to eliminate or exclude any bidder from
bidding because of minor deviations, alternates or changes.
Bidders desiring to bid on services which deviate from these Specifications, but
which they believe are equivalent, are requested to submit alternate bids.
However, alternate bids must be clearly indicated as such, and deviations from the
applicable Specifications should be plainly noted. The bid must be accompanied
by complete Specifications for the services offered. Bidders wishing to submit a
secondary bid must submit it as an alternate bid. There is to be only one bid per
envelope. The Village shall be the sole and final judge unequivocally as to whether
any substitute is of equivalent or better quality. This decision is final and will not
be subject to recourse by any person, firm or corporation.
If the bidder wishes to qualify its bid or make special stipulations thereto, such
qualifications or stipulations shall be stated on standard letterhead size sheets of
paper, all attached to the bid form.
5. Erasures. All erasures or revisions of the bid must be initialed by the person
signing the bid.
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2017 Storm Sewer Improvements — Park Drive
6. Receiving Of Bids. Bids received prior to the time of opening will be securely kept,
unopened. The Village Clerk or his/her designee, whose duty it is to open the
bids, will decide when the specified time has arrived, and no bid received
thereafter will be considered. No responsibility will be attached to the Village or its
representatives for the premature or non -opening of a bid not properly addressed
and identified, except as otherwise provided by law.
7. Late Bids. Bids arriving after the specified time, whether sent by mail, courier, or in
person, will not be accepted. These bids will either be refused or returned
unopened. It is the bidder's responsibility for timely delivery regardless of the
method used. Mailed bids which are delivered after the specified hour will not be
accepted regardless of post marked time on the envelope.
8. Bids By Email And Fax. Email and Facsimile machine transmitted bids will not be
accepted.
9. Error In Bids. When an error is made in extending total prices, the unit bid price will
govern. Otherwise, the bidder is not relieved from errors in bid preparation.
10. Withdrawal Of Bids. A written request for the withdrawal of a bid or any part
thereof may be granted if the request is received by the Director of the requesting
Department prior to the specified time of opening. After the opening, the bidder
cannot withdraw or cancel its bid for a period of ninety (90) calendar days, or such
longer time as stated in the bid documents.
11. Bidders Qualifications. All bidders must submit the following information on or
before the time at which the bid is required to be submitted:
a. The location of the bidder's permanent place of business.
b. Evidence of ability to provide an efficient and adequate plan for executing the
work.
c. A list of similar projects carried out by the bidder.
d. A list of projects the bidder presently has under contract.
e. Any additional evidence tending to show that the bidder is adequately prepared
to fulfill the contract.
12. References; Background Check. Bidders shall include with its bid, on a separate
sheet attached to the bid, the names of three (3) references regarding its financial
qualifications and three (3) references regarding its qualifications by experience,
ability, personnel and equipment to undertake work of the nature and extent
contemplated by the bid and Specifications. References must include company
name, address, contact person, and telephone number. The Village reserves the
right to reject bids not accompanied by the required references.
All Bidders, as a condition of and prior to entry into a contract, agree that a
complete background investigation of the principals of the Bidder and all
employees who will work on the project may be made. Bidders agree to cooperate
with the appropriate Village personnel to supply all information necessary to
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2017 Storm Sewer Improvements — Park Drive
complete these investigations. The Village in its complete discretion may
disqualify any Bidder, including a low Bidder, and may void any contract previously
entered into based upon its background investigation.
13. Consideration Of Bid And Contract. No bid will be accepted from or contract
awarded to any person, firm or corporation that is in arrears or is in default to the
Village upon any debt or contract, or that is a defaulter, as surety or otherwise,
upon any obligation to the Village or had failed to perform faithfully any previous
contract with the Village within two (2) years prior to the date of the invitation to
bid.
14. Conditions. Bidders are responsible to become familiar with all conditions,
instructions and Specifications governing this bid. The bidder is responsible to visit
a site if necessary and its bid is based upon the knowledge of all information
readily available at the site of such a visit. Once the bids have been opened, the
failure to have read and understood all conditions, Specifications and instructions
shall not be cause to alter the original bid or to request additional compensation.
No extra compensation will be allowed the successful bidder for failure to inform or
familiarize itself prior to bidding.
15. Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of any
part of the Specifications or other bid documents may submit a written request for
interpretation to the Village, as provided in the Specifications. Bidders will
acknowledge receipt of any addendum issued by so noting on the bid sheet. Oral
explanations are not binding.
16. Prices. Unit prices shall be shown for each unit on which there is a bid, and shall
include all packing, crating, freight, and shipping charges, and cost of unloading at
the destination unless otherwise stated in the bid.
Unit prices shall not include any local, state or federal taxes. The Village is
exempt, by law, from paying state and village retailer's occupation tax, service
occupation tax, and federal excise tax. The Village will supply the successful
bidder with its tax exemption number.
Cash discounts will not be considered in determining overall price, but may be
used in an overall evaluation.
17. Qualifications of Contractors. Factors: It is the intention of the Village to award the
Contract only to a bidder who furnishes satisfactory evidence that it has the
requisite experience, ability, capital facilities, plant organization and staffing to
enable it to perform the work successfully and promptly, and to complete the work
within the time set forth in the Bid Documents. The Village shall consider the
following factors:
a. The lowest responsible bid.
b. The ability, capacity, and skill of the bidder to perform the contract to provide
the service required.
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2017 Storm Sewer Improvements — Park Drive
C. Whether the bidder can perform the contract or provide the service promptly,
or within the time specified, without delay or interference.
d. The character, integrity, reputation, judgment, experience, and efficiency of
the bidder.
e. The quality of performance of previous contracts of services.
f. The previous and existing compliance by the bidder with laws and ordinance
relating to the contract or service.
g. The sufficiency of the financial resources and ability of the bidder to perform
the contract or provide the service.
h. The quality, availability, and adaptability of the supplies or contractual service
to the particular use required.
i. The ability of the bidder to provide future maintenance and service for the
use of the subject of the contract.
j. The number and scope of conditions attached to the bid.
k. Whether the bidder has a place of business in the Village.
I. Responsiveness to the exact requirements of the invitation to bid.
m. Ability to work cooperatively with the Village and its administration.
n. Past records of the bidder's transactions with the Village or with other entities
as evidence of the bidder's responsibility, character, integrity, reputation,
judgment, experience, efficiency and cooperativeness.
o. Any other factor that the Village may legally consider in determining the bid
that is in the best interests of the Village.
18. Award Or Resection. The Village, at its sole discretion, reserves the right to reject
any and all bids or parts thereof, to waive any irregularities, technicalities and
informalities, and to award a bid in the best interests of the Village. Any bid
submitted will be binding for ninety (90) calendar days after the date of the bid
opening.
Bidders shall make all investigations necessary to thoroughly inform themselves
regarding the equipment or supplies to be furnished in accordance with the bid.
No plea of ignorance by the bidder of conditions that exist or that may hereafter
exist as a result of failure or omission on the part of the bidder to make the
necessary examinations and investigations will be accepted as a basis for varying
the requirements of the Village or the compensation to the bidder.
Any bidder's exceptions to the terms or conditions, or deviations from the written
Specifications must be shown in writing and attached to the bid form. No verbal
exceptions or agreements with employees of the Village will be considered valid.
Such exceptions or deviations can be cause for rejection of the bid proposal. Any
exceptions not taken by the bidder shall be assumed by the Village to be included.
A contract will be awarded to the lowest responsible bidder complying with the
conditions of the bid documents only when it is in the best interest of the Village to
accept the bid. The Village shall be the sole judge of compliance with the
Specifications.
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2017 Storm Sewer Improvements — Park Drive
19. Other Requirements.
a. New Equipment. The bidder certifies that any equipment to be furnished shall
be new, current model, standard production and fully operable, unless
otherwise indicated on the bid form.
b. Material, Equipment and Service Standards. Unless otherwise directed by
the Specifications, all materials, equipment and services provided will meet
standards or requirements which would normally be anticipated in common
practice. The bidder guarantees that all applicable federal, state and local
laws, including OSHA, are being complied with in connection with the bid and
any resultant contract or purchase by the Village.
C. Data; Proprietary. Complete and detailed brochures and specifications for
vehicles equipment, materials, goods, supplies and/or services to be
furnished must be included with each bid. Any reservations on the use of
data contained in a bid must be clearly stated in the proposal itself. Unless
stated otherwise, information submitted in response to the bid is not
proprietary or confidential.
d. Patented Devices, Materials, And Processes. Contract prices are to include
all royalties and costs arising in the Work. It is the intent that whenever the
Bidder is required or desires to use any design, device, material, or process
covered by patent or copyright, the right of such use shall be provided for by
suitable legal agreement with the patent owner.
20. Requirement Of Bidder. The successful bidder shall, within ten (10) days after
notification of the award of the contract: a) enter into a contract in writing with the
Village covering all matters and things related to its bid; and b) furnish the required
certificate of insurance and bonds.
21. Bid Certification Form. All bid submittals must include a signed Bid Certification
Form (copy attached) certifying non -collusion in the bid, and that the bidder is in
compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding
bid rotating and bid -rigging, 720 ILCS 5/33E-3, 33E-4, compliance with the Illinois
Drug Free Workplace Act, 30 ILCS 580/1, et seq., and Substance Abuse
Prevention in Public Works Projects Act, 820 ILCS 265/1 et seq., that it is not
delinquent in the payment of taxes (65 ILCS 5/11-42.1) and that it has a written
sexual harassment policy in place in full compliance with Section 2-105 of the
Human Rights Act, 775 ILCS 5/2-105, as amended,
Sections 33E-3 and 33E-4 states that it is unlawful to participate in bid -rigging
and/or bid rotating. Therefore, all bidders must certify, under oath, that they are
not barred from bidding on the contract as a result of a violation of Sections 33E-3
and/or 33E-4, prohibiting bid -rigging and bid rotation. Therefore, the Bid
Certification Form must be notarized.
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2017 Storm Sewer Improvements — Park Drive
22. Interpretation Of Bid Documents. Any bidder in doubt as to the true meaning of
any part of the Specifications or other bid documents shall submit a written request
for interpretation to Project Engineer Charles Lindelof, P.E., no later than five (5)
calendar days prior to the date set for the opening of the bid. Any questions
received after that time may be answered at the discretion of the Village.
In the event that the Village finds a question to be adequately addressed in the
existing bidding documents, the question may be answered in writing by directing
the requesting bidder to the applicable provision(s) in the existing bid documents.
No further clarifications or interpretations will be issued.
Bidders will acknowledge receipt of any addendum issued by so noting on the bid
sheet. Oral explanations are not binding.
Questions about this Request for Bids should be directed to:
Charles Lindelof, P.E.
Project Engineer
Mount Prospect Public Works Department
1700 West Central Road
Mount Prospect, IL 60056
847-870-5640
publicworksdept@mountprospect.org
End of Instructions to Bidders.
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2017 Storm Sewer Improvements — Park Drive
GENERAL CONDITIONS
1. DEFINITION OF TERMS
In these specifications and the accompanying documents, the several terms hereinafter
defined shall be understood to mean as follows:
The term "Award" shall mean the decision of the Village of Mount Prospect to accept the
bid of the lowest responsible bidder for the work, subject to the execution and approval
of a satisfactory contract therefore, and bond to secure the performance thereof, and to
such other conditions as may be specified or otherwise required by law.
The term "Bid" shall mean a formal written offer of a bidder to perform the proposed
work in accordance with these specifications.
The term "Bidder" shall mean any individual, firm, or corporation submitting a bid for the
work contemplated.
The phrase "Bid Documents" shall mean the Notice to Bidders, Table of Contents,
Instructions to Bidders, General Conditions and Special Provisions, Specifications, Bid
Form, Affidavit — Bid Certification Form, Bid Security, Bid Sheet, Other Materials or
standards provided or noted by the Village, Contract, Performance Bond form, and
Labor and Materials Payment Bond form.
The term "Board" shall mean the Board of Trustees of the Village of Mount Prospect,
Illinois.
The term "CCDD" shall mean Clean Construction or Demolition Debris.
The term, "Contract," shall mean the written agreement between the Village and the
contractor, or between the owner and the contractor.
The phrase "Contract Documents" shall mean the Bid Documents, bidder's submitted
Bid Form, Bid Security, Bid Sheet, Contract and required bonds or letter of credit.
The term "Contractor," as successful bidder, shall mean the individual, firm or
corporation who shall have entered into an agreement or contract to furnish all
necessary labor, equipment, tools and materials for the performance of the work under
its bid and the Bid Documents.
The phrase "Director of Public Works" shall mean the Director of Public Works
representing the Village of Mount Prospect.
The term "EPR" shall mean the Village's Engineering Project Representative.
The phrase "Final Performance Date" shall mean the date that Substantial Performance
and the punchlist items must be completed.
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2017 Storm Sewer Improvements — Park Drive
The term "Inspector" shall mean the authorized representative of the Director of Public
Works assigned to make detailed inspection of any or all portions of the work or
materials therefore.
The phrase "Notice of Award" shall mean the written notice of award of the contract
given by the Village to the successful bidder.
The phrase "Notice to Bidders" shall mean the official notice included in the bid inviting
bids for the proposed improvements.
The phrase "Notice to Proceed" shall mean the official notice to the contractor that will
start the performance period/
The phrase "Performance Period" shall mean the time allotted for contractor to perform
the contract from start to Substantial Performance.
The term "Owner" shall mean the Village of Mount Prospect.
The phrases "Performance Bond" and "Labor and Material Payment Bond" and "Letter
of Credit" shall mean the approved form of security furnished by the contractor and its
financial institution as a guarantee that it will execute the work and pay all material
providers and subcontractors.
The terms "Plans" or "Contract Drawings" shall mean all official drawings or
reproductions of drawings pertaining to the work provided in the contract.
The phrase "Project Schedule" shall mean the critical path schedule submitted by
Contractor to the Village, which includes targeted dates of completion through the
Substantial Completion Date.
The term "Punchlist" shall mean a list of items to be completed after Substantial
Performance.
The phrase "Special Provisions" shall mean any special directions and requirements
prepared to cover the method or manner of performing work on a particular project, or
cover the quantities or quality of the materials to be furnished under the contract which
are not covered in the STANDARD SPECIFICATIONS. The special provisions included
in the contract shall govern the work and take precedence over the general provisions
and STANDARD SPECIFICATIONS noted above wherever they conflict therewith, but
they shall not operate to annul those portions of the general provisions with which they
are not in conflict.
The term "Specifications" shall mean the general and special provisions, instructions
and requirements contained herein, together with written agreements and all other
executed documents which describe the method of performing the work, the quantities,
or the quality of material to be furnished under the contract. Additionally, the term
specifications will refer to standard practices as outlined in the Illinois Department of
Transportation's "STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
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2017 Storm Sewer Improvements — Park Drive
CONSTRUCTION (R&BC), latest revision and the "STANDARD SPECIFICATIONS
FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS" prepared by the
ISPE, CECT, et al, latest revision.
The term "Subcontractor" shall mean any individual, firm or corporation other than the
contractor supplying labor, equipment, tools and materials for use in the work of the
contract.
The phrase "Substantial Performance" shall mean the date that the entire Project can
be used for the purposes for which it was intended, i.e., only punchlist items remain.
The phrase "Substantial Performance Date" shall mean the date that substantial
performance must be completed.
The term "Village" shall mean the Village of Mount Prospect, Illinois.
The terms "Village Manager" or "Manager" shall mean the Village Manager of the
Village of Mount Prospect, Illinois or his duly appointed representative.
The terms "Work" and "Project" are used interchangeably and shall mean the
improvement advertised for letting, described in the bid form, indicated on the plans,
and covered in the specifications and contract, and authorized alterations, extensions
and deductions, including labor, tools, equipment, materials and incidentals necessary
for the satisfactory completion of the project.
2. AWARD OF CONTRACT: PERFORMANCE: PAYMENT.
2.1. AWARD OF CONTRACT. The Village will issue a Notice of Award to the
successful bidder, advising that it has been awarded the contract. Within ten
(10) days of delivery of the Notice of Award, by personal service or registered
or certified U.S. mail, posted prepaid and receipt requested, Contractor shall
execute the Contract, attached to the Bid Documents, and furnish the Village
with the required bonds and certificate of insurance.
2.2. NOTICE TO PROCEED. Upon the Village's receipt of the executed Contract,
required bonds and certificate of insurance, the Village will issue and send to
Contractor a Notice to Proceed, which will start the performance period.
2.3. SUBSTANTIAL PERFORMANCE: FINAL COMPLETION.
2.3.1. The Contract shall be substantially performed within thirty (30) days after
the Notice to Proceed is effective (the Substantial Performance Date").
Substantial Performance is when the entire Project can be used for the
purposes for which it was intended, i.e., only punch list items remain.
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2017 Storm Sewer Improvements — Park Drive
2.3.2. Final completion shall be within fifteen (15) days after the Substantial
Performance Date (the "Final Performance Date").
2.4. PROJECT SCHEDULE. Within ten (10) days after the Contractor executes the
Contract, Contractor shall submit to Village a Project Schedule to include
targeted dates of completion of all construction and other requirements of the
Contractor through the Substantial Completion Date. Contractor shall monitor
schedule progress and provide monthly updates and revisions of the Project
Schedule, as needed to Village.
2.5. LIQUIDATED DAMAGES FOR INEXCUSABLE DELAY.
2.5.1. Time is of the essence. The Contractor agrees that all work included in
connection with this project must be completed by the Final
Performance Date, or sooner, after receipt of Notice To Proceed. It is
hereby acknowledged and agreed by both parties that the damages to
the Village are not readily ascertainable, but that the failure to timely
complete this Work will materially and significantly damage the safety
and well-being of the Village, its staff and the public, and that therefore
a sum of $1,000.00 per day is a fair and reasonable damage estimate
to compensate the Village for any such delay. If the Contractor fails to
fully complete the Work in that time, then and in this event, the
Contractor further expressly agrees that, for each day this Work and
this contract shall remain uncompleted after that date, the Village may
deduct the sum of $1,000.00 per day after the Final Performance Date,
from the contract price as payment to the Village, by the Contractor of
the liquidated damages sustained by reason of failure of the Contractor
to complete the Project on or before the time aforesaid.
2.5.2. Provided, however, that if the completion of this contract is delayed by
the Village, by general strikes, acts of God, or casualty beyond the
control of the Contractor, then and in such event, the time of completion
of this contract shall be extended for such additional time as shall be
caused by such delay.
2.5.3. Provided, always, however, that the Contractor shall, at the time of such
delay, if any, demand of the Village, in writing, such additional time
within which to complete the performance of the Contract. The
Contractor will be required to notify the Village within three (3) days of
such delay, stating the reason for same. If the Contractor does not
notify the Village in writing, within three (3) days of the delay, no
request for extension of time will be approved.
2.6. MEASUREMENT OF QUANTITIES. All work completed under the contract will
be measured by the Village according to United States standard measures.
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2017 Storm Sewer Improvements — Park Drive
2.7. PAYMENT. Payment under the Contract will be made in accordance with the
Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq.
2.8. PAYMENT FOR ITEMS OMITTED WHEN PARTIALLY COMPLETED. Should
the Village cancel or alter any portion of the contract which results in the
elimination or non -completion of any portions of the work partially completed,
the Contractor will be allowed a fair and equitable amount covering all items of
work incurred prior to the date of cancellation, alteration, or suspension of such
work. A written change order may apply.
2.9. PARTIAL PAYMENT. When requested, the Contractor will make an
approximate estimate, in writing, of the materials in place completed, the
amount of work performed, and the value thereof, at the contract unit prices.
From the amount so determined, there shall be deducted ten percent (10%) to
be retained until after completion of the entire Work to the Village for payment,
except that no amount less than $500 will be so certified unless the total
amount of the contract is less than $500.
In addition, an estimate may, at the discretion of the Village and upon
presentation of receipted invoices and freight bills, be made for payment of the
value of acceptable materials delivered on the Work or in acceptable storage
places and not used at the time of such estimate. Ten percent (10%) shall be
retained from the value of such materials until final payment. Such materials,
when so paid for by the Village, shall become the property of the Village, and in
the event of default by the Village, shall become the property of the Village,
and in the event of default by the Contractor, the Village may use or cause to
be used such materials in the construction of the work provided for in the
contract. The amount thus paid by the Village shall be deducted from
estimates due the Contractor as the material is used in the work.
Partial payment for work or materials shall not be construed as an acceptance
of the work or any part of it, or as a waiver of any provisions of the contract.
Partial payment will only be granted if in the opinion of the Village sufficient
labor and materials have been expended to warrant it.
If partial payments are requested, the Contractor shall submit with each
payment request a properly completed Contractor's Affidavit setting out, under
oath, the name, address and amount due or to become due, of Contractor,
each subcontractor, vendor, supplier or other appropriate party included in its
cost, and for every party listed a full or partial waiver of lien, as appropriate.
Beginning with the second payment request, and with each succeeding
payment request, the Contractor shall submit Contractor's Affidavits and partial
waivers of lien for each subcontractor and supplier showing that the amount
paid to date to each is at least equivalent to the total value of that
subcontractor's work, less retainage, included on the previous payment
request.
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2.10. ACCEPTANCE AND FINAL PAYMENT. Whenever the Work shall have been
completely performed on the part of the Contractor, including Punch list items,
and all parts of the Work have been approved by the Village and accepted by
the Village, a final payment showing the value of the work will be prepared by
the Contractor as soon as the necessary measurements and computations can
be made, all prior estimates upon which payments have been made being
approximate only and subject to correction in the final payment. The amount of
this estimate, less any partial or semifinal payments previously made and less
any sums that have been deducted or retained under the provisions of the
contract, will be paid to the Contractor as soon as practicable after the final
acceptance, provided the Contractor has furnished to the Village the required
maintenance bond and satisfactory evidence that all sums of money due for
any labor, materials, apparatus, fixtures or machinery furnished for the purpose
of such work have been paid or that the person or persons to whom the same
may be due have consented to such final payment.
If final payment is requested, the Contractor shall submit a properly completed
Contractor's Affidavit setting out, under oath, the name, address and amount
due or to become due, of Contractor, each subcontractor, vendor, supplier or
other appropriate party included in its cost, and a full and final waiver of lien for
the full amount of the Work, less retainage. The Contractor shall assign over to
the Village all manufacturers' and suppliers' warranties respecting any part of
the Work. The Contractor shall also deliver to the Village the required
maintenance bond prior to Final Payment and upon receipt of Final Payment a
set of Plans and Specifications annotated to show the Project "as -built."
The acceptance by the Contractor of the final payment shall constitute a
release and waiver of any and all rights and privileges under the terms of the
contract; further, the acceptance by the Contractor of final payment shall
relieve the Village from any and all claims or liabilities for anything done or
furnished relative to the Work or for any act or neglect on the part of the Village
relating to or connected with the Work.
2.11. PUNCH LIST. The Contractor shall notify the Village when it believes
substantial performance of the entire Project has been achieved. The Village,
and/or any independent consultant engaged by the Village, shall then inspect
the Project site with the Contractor, and prepare and deliver to the Contractor
within five (5) days thereafter, a written Punch list indicating items of
construction which are not in material conformity with the Contract Documents.
The Punch list items shall be completed by the Final Performance Date.
Pending completion of Punch list items, the Village may withhold from amounts
due to the Contractor an amount equal to but not greater than one and one-half
(1'/2) times the estimated cost to complete Punch list items.
2.12. FINAL POLICING OF THE SITES. Before the completed work will be ready for
the Village's final inspection, the Contractor shall have removed from the
project sites all surplus equipment, machinery, materials, debris, barricades,
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and signs. The Contractor shall leave said project sites in the best possible
condition to the complete satisfaction of the Village.
2.13. FINAL INSPECTION. The Village shall make final inspection of all of the
Work, as soon as practicable after notification in writing by the Contractor that
the work is completed and ready for acceptance. If the Work is not acceptable
to the Village at the time of such inspection, the Village shall inform the
Contractor as to the particular defects to be remedied before final acceptance
can be made.
2.14. ALTERATIONS, CANCELLATIONS, EXTENSIONS AND DEDUCTIONS. The
Village reserves the right to alter the plans, extend or shorten the improvement,
add such incidental work as may be necessary, and increase or decrease the
quantities of work to be performed to accord with such changes, including the
deduction or cancellation of any one or more of the unit price items. Such
changes shall not be considered as a waiver of any condition of the contract
nor to invalidate any of the provisions thereof. A written change order may
apply.
All Work shall be done under the supervision of the Village's Director of Public
Works, or a designated representative who shall decide all questions which
arise as to the quality and acceptability of materials furnished, work performed,
manner of performance, rate of progress of the work, interpretation of the plans
and specifications, acceptable fulfillment of the contract, compensation and
disputes and mutual rights between contractors under the specifications.
2.15. CHANGE ORDERS. The Village may from time to time require changes in the
Work. Such changes shall comply with Section 33-E9 of the Criminal Code,
720 ILCS 5/33E-9.
2.16. RIGHT OF THE VILLAGE TO TERMINATE THE CONTRACT.
2.16.1. If the Contractor fails to begin the Work under the Contract within the
time specified, or fails to perform the Work in accordance with the
terms of the approved schedule or performs the Work in a manner
unacceptable to the Village, or neglects or refuses to remove materials
or perform anew such Work as has been rejected by the Village, or if
the Contractor shall become insolvent or be declared bankrupt, or shall
make an assignment for the benefit of creditors, or from any other
cause whatsoever shall fail to carry on the Work in a manner required
by the Contract, the Village shall give notice as hereinafter provided to
the Contractor and its surety in writing specifying such failure, delay,
neglect, refusal or default, and if the Contractor, within a period of ten
(10) calendar days after the giving of such notice, shall not proceed in
accordance therewith, then the Village shall have full power and
authority to declare the Contract and the Contractor in default, and to
forfeit the rights of the Contractor in this Contract.
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2.16.2. Upon declaration of Contractor's default, the Village may, at its option,
call upon the surety to complete the Work in accordance with the terms
of this Contract or may take over the Work, including any materials on
the Work site as may be suitable and acceptable to the Village and may
complete the Work by its own forces or on its own account, or may
enter into a new contract or contracts for the completion of the Work, or
may use such other methods as shall be required for the completion of
the Work in an acceptable manner as the Village may in its discretion
determine.
2.16.3. All costs and charges incurred by the Village, together with the cost of
completing the Work shall be deducted from any moneys due or which
may become due on this to the Contractor under this Contract.
Following any payment due and received by the Village from the
Contractor's surety following default, if the expense so incurred by the
Village is less than the sum paid to the Village by the surety under this
Contract for work remaining, the surety shall be entitled to receive the
excess difference paid to the Village. When such Contractor default
costs incurred by the Village exceeds the sum paid to the Village for the
work remaining under the Contract the Contractor and the surety shall
be liable and shall pay to the Village the full cost of such additional
expenses.
3. PERFORMANCE OF THE WORK.
3.1. ACCIDENT PREVENTION. The Contractor shall exercise every precaution at
all times for the protection of persons and properties. The safety provisions of
all applicable laws and ordinances shall be strictly observed. Any practice
obviously hazardous, in the opinion of the Director of Public Works or his
authorized representative, shall be immediately discontinued by the Contractor
upon its receipt of instructions from the Director of Public Works or an
authorized representative to discontinue such practice.
3.2. BARRICADES AND WARNING SIGNS AND LIGHTS. The Contractor shall
erect substantial lighted barricades to protect its work at all points deemed
necessary by the Director of Public Works; said Contractor shall place at such
points the necessary warning signs, amber lights, caution tape, and other
suitable devices to protect its work properly and to provide for the convenience
and safety of the public at all times. The Contractor shall maintain such
barricades, signs, lights and protective devices until the need for them, in the
judgment of the Public Works Director or an authorized representative, has
passed.
Contractor shall provide warning signs and barricades to safely mark any
hazards or detours caused by the work. All such warning signs and barricades
for work in, or affecting Village of Mount Prospect streets, access roads, and
state highways shall meet all applicable requirements as stipulated in the latest
edition of the Manual for Uniform Traffic Control Devices published by the U.S.
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Department of Transportation. All costs for barricades, signs including all labor
and other associated materials shall be incidental to the fixed unit price bid for
the specific repair or pay item.
3.3. COOPERATION WITH UTILITIES. It is understood and agreed that the
Contractor has considered in its bid all of the permanent and temporary utility
appurtenances in their present or relocated positions that may be encountered
during construction and no additional compensation will be allowed for any
delays, inconvenience, or damage sustained by it due to any interference from
the said utility appurtenances either by the utility company or by it, or on
account of any special construction methods required in prosecuting its work
due to the existence of said appurtenances either in their present or relocated
positions. The Contractor shall insure that prompt repairs are, to the approval
of the inspector, made to any utility appurtenances damaged by it without
compensation from the Village.
During performance of the work, Contractor shall protect all utilities and
property from damage. Contractor shall spot all utilities prior to any excavation
work. Contractor shall call J.U.L.I.E. (1-800-892-0123), and request utility
locations as soon as possible for emergency repairs and within forty-eight (48)
hours for non -emergency work prior to excavation in strict accordance with
J.U.L.I.E. operation procedures.
3.4. CLEAN—UP. After all work under each task phase of the work is completed,
the Contractor shall remove all loose debris and other materials not
incorporated in the work from the site of the work. Any clean up or restoration
to private property will be the responsibility of the Contractor.
3.5. CONSTRUCTION NOISE RESTRICTION. All construction activities or
alteration operations within the Village shall be performed only between the
hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. No work will be
allowed on Sundays and legal holidays as listed in Article 107.09 in the
Standard Specifications. Variations from these time limitations shall be allowed
only in the case of maintenance of operation of safety and traffic control
devices such as barricades, signs and lighting, or to construction of an
emergency nature. More stringent requirements may be assessed for work in
state highway or railroad rights-of-way. Working hours outside these times
must receive prior approval from the Village.
3.6. GENERAL. The work to be performed under the contract includes the
furnishing of all supervision, labor, materials, tools, equipment and incidentals
of every kind and description necessary for construction, in accordance with
the Contract Documents.
3.7. INSPECTION. All materials and each part or detail of the work shall be subject
at all times to inspection by the Village or its inspectors, and the Contractor will
be held strictly to the true intent of the Specifications in regard to quality of
materials, workmanship and diligent execution of the contract. The Village or
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its inspectors shall be allowed access to all parts of the work and shall be
furnished with such information and assistance by the Contractor as is required
to make a complete and detailed inspection. Materials, components or
completed work not complying therewith may be rejected by the Village and
shall be replaced by the Contractor at no expense to the Village. Any rejected
material or component shall be removed at the entire expense of the
Contractor, after written notice has been mailed by the Village to the
Contractors that such materials or components have been rejected.
The Contractor shall, if the Village requests, remove or uncover such portions
of the finished work as the Village may direct before final acceptance of the
same. After the examination, the Contractor shall restore said portion of the
work to the standard required by the Specifications. If the work thus exposed
or examined proves acceptable, the expense of uncovering or removing and
the replacing of the parts removed shall be paid for as extra work; but if the
work so exposed or examined is unacceptable, the expense of uncovering or
removing and replacing of the same shall be borne by the Contractor.
3.8. MATERIALS AND EQUIPMENT. Except where the Specifications indicate
otherwise, the Village is not responsible for providing any tools, equipment or
storage under the contract in order to permit its completion of any contractual
obligations under the contract, which may be awarded as the result of the bid.
3.9. PERSONNEL AND EQUIPMENT. The Contractor shall provide an adequate
number of competently trained personnel with sufficient supervision to provide
the services required, and Contractor shall provide identification of its
personnel if requested by the Village.
Any Contractor's employee whose employment is reasonably detrimental or
objectionable to the Village shall be immediately transferred from the work -site
upon the Village's request. The exercise of this option shall not be construed
as placing the Village in charge of the Work or making the Village responsible
for safety.
All on the road vehicles or equipment shall be identified by the Contractor's
name for purpose of identification.
All tools or equipment required to carry out the operations within the scope of
the contract shall be provided by the Contractor, and shall meet the standards
of the Federal Occupational Safety and Health Act and State of Illinois safety
codes as may be required by law. The Village reserves the right to inspect the
equipment that will be used prior to award of Bid.
3.10. PROPERTY PROTECTION. No vehicles of any kind shall be placed, parked
or operated upon or over any sodded areas.
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3.11. PROTECTION AND RESTORATION OF PROPERTY. It is understood that in
the execution of the Work herein provided for there may be interference with
and/or damage to trees, shrubbery, crops, fences, railroad tracks, overhead
structures such as poles, wires, cables, underground structures such as
sewers, gas mains, telephone conduits and cables, water mains, drains,
service connections, wires, pipes, conduits, located along, adjacent to, and/or
crossing the locations of the Work, and that it may be necessary to relocate or
reconstruct certain of such structures, improvements, and installations and/or
to make repairs to the same by reasons of doing the Work herein provided for,
and it is therefore particularly and specifically agreed that the Contractor except
as otherwise herein provided, shall do the Work necessary for such relocation,
reconstruction, and repair and shall bear and pay all of the cost and expense of
such relocation, reconstruction, and/or repair of, and all damage done to any
and all such pipe line and other structures, improvements, and installations,
including service connections, if any, to adjacent property, existing at the date
of the execution of the contract and/or existing, during the period of the Work to
be done under the contract, which may be interfered with, damaged, and/or
necessarily relocated, reconstructed, or repaired in the performance of the
Work herein provided for, including the restoration and resurfacing of unpaved
portions of public streets and alleys, rights-of-way, easements, and private
property damaged or disturbed by the Work, the same to be restored to as
good condition as the same existed at the time of the commencement of any
such Work or relocation.
It is further agreed that the owners of any structures, improvements,
installations, referred to in the preceding paragraph shall have the right to do
the Work or any part thereof necessary for the relocation, reconstruction,
replacement, repair, and other Work required by reason of any interference
with and/or damage to such structures, improvements, installations, due to the
prosecution of the Work and upon completion of such Work by them done, said
owners may render bills to the Contractor for the cost and expenses thereof
which bills shall be paid by the Bidder without extra compensation therefore
from the Village, upon demand by said owners, or upon demand made by the
Village upon the Contractor for the payment thereof.
3.12. PUBLIC CONVENIENCE AND SAFETY. The Contractor shall notify the
Director of Public Works at least three (3) days in advance of the starting of
any construction work which might in any way inconvenience traffic, and the
Contractor shall at all times conduct the work in such a manner as to insure the
least obstruction to vehicular and pedestrian traffic. Whenever possible, the
Contractor shall provide and maintain at its own expense such temporary roads
and approaches as may be necessary to provide access to driveways, houses,
buildings or other property abutting the improvements. In no case will the
Contractor obstruct entrance ways into private property without first seeking the
Village and private property owner's approval.
3.13. PUBLIC RELATIONS. The Contractor shall cooperate with the Village of Mount
Prospect in maintaining a high degree of sensitivity to the needs of property
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and business owners along the project route. Contractor will distribute written
public work notices to businesses and residences as required by the Village.
3.14. REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. Work done
without lines and grades being given, or beyond the lines shown on the plans
or as given, except as herein provided, or any extra work done without
authority will be considered as unauthorized and at the expense of the
Contractor, and will not be measured or paid for. Work so done may be
ordered removed or replaced at the Contractor's expense.
All work which has been ordered to be removed or replaced shall be remedied
or removed and replaced by the Contractor in a manner approved by the
Village at the Contractor's expense. Upon failure of the Contractor to comply
promptly with any order of the Village made under this provision, the Village
shall, after giving written notice to the Contractor, have the authority to cause
defective work to be remedied, or removed and replaced, or to cause
unauthorized work to be removed, and deduct the cost thereof from any
compensation due or to become due the Contractor.
3.15. SCHEDULING. The Contractor shall consult with the Village's Public Works
Director or an authorized representative concerning the details and scheduling
of the work contemplated herein, and shall be governed by the decisions of
said Director or representative.
3.16. SUPERVISION. The Contractor shall at all times have a competent person in
charge of its work crew at the job site to whom the Village representative may
issue directives. Such person shall be authorized to accept and act upon such
directives. Such person shall be fluent in the English language.
3.17. TRAFFIC CONTROL. Contractor shall maintain traffic flow(s) and accessibility
to private property(s) as close to normal condition as possible. Contractor shall
notify residents, Village of Mount Prospect and state/county officials, as
appropriate, of any driveway or road closure.
The Contractor shall abide with the Illinois Department of Transportation's
Standard Specifications for Road and Bridge Construction, latest edition. The
Contractor shall also abide with the Manual on Uniform Traffic Control Devices,
latest edition. Contractor shall also provide sufficient flag persons to assist with
traffic control during operation.
Traffic control costs to close the street or ROW is to be included in the "all-
inclusive" unit price of the pay item and considered as incidental to that pay
item and will not and will not be considered an extra pay item.
3.18. TREE PROTECTION. All tree protection shall be incidental to the contract and
shall be installed and maintained in accordance with the Tree Protection
Ordinance and plan as specified by the Village.
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REMOVAL PROHIBITED UNLESS AUTHORIZED: All trees shall be
maintained, saved, and protected from damage unless removal is approved by
the Village.
CRITICAL ROOT ZONE: To prevent unnecessary damage to existing public
trees during construction, proper tree protection guidelines must be followed,
particularly in the root zone where major support roots securely hold the tree in
the soil. This Critical Root Zone (CRZ) is defined as the entire ground area
within the vertical projection of the crown of a tree. This is also commonly
referred to as the area within the drip line of a tree.
Power equipment may not be used to excavate soil, change grades, or dig
trenches in the Critical Root Zone. All soil excavation done within the CRZ
must be done by hand, except as authorized in these specifications.
Exceptions to the above shall be granted only with written permission from the
Director of Public Works.
FENCING: All unpaved ground on public property within the Critical Root
Zones (CRZ) of existing trees subject to construction damage shall be fenced
before any work is started. This Tree Protection Fencing will be paid for as
specified in these contract documents. Once assembled, no fencing shall be
removed without prior approval of the Engineer, and there shall be no
construction activity or material including storage, stockpiling, and equipment
access within the enclosure. Fencing material shall be orange polypropylene
snow fence supported with metal posts, and installed according to the detail
which will be provided by the Forestry Division.
CHANGES TO EXISTING GRADE: No changes to original grade shall be
allowed inside the CRZ.
ROOT PRUNING DURING CONSTRUCTION: All tree roots greater than two
inches (2") in diameter that are encountered in any construction process shall
be cut cleanly with an appropriate saw or pruning shear or other tool
specifically designed for cutting wood. Axes or other such chopping tools shall
not be used. Shovels or other tools designed for digging shall not be used.
Contractor shall contact Forestry for a root inspection before backfilling.
ATTACHMENTS TO TREES: No signs, placards or other objects may be
nailed or stapled to trees.
BRANCH REMOVAL: Tree branches shall not be cut, pruned or trimmed by
the Contractor. If parkway tree branches interfere with the Contractor's work,
he should contact the Forestry Division to request pruning. If Forestry deems
the request reasonable they will endeavor to promptly prune the branches at
the Village's expense.
PENALTIES FOR TREE DAMAGE: Where limbs, trunks or roots of trees not
approved for removal are damaged, the Village shall determine whether the
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tree can be repaired or must be removed. Repairs may include, but are not
strictly limited to, pruning of broken limbs, removal of loose bark and proper
shaping of wounds, thinning of the crown to compensate for root loss,
fertilization, straightening and staking.
Repairs shall be performed by the Village. The cost of such repairs shall be
paid for by the Contractor to the Village, using rates listed in the current edition
of the Village's Equipment and Labor Rate Charges. Additionally, the Village
may fine the Contractor for unnecessary tree damage according to the
schedule listed in Appendix A, Division III of the Village Code.
If in the opinion of the Village, the amount of damage warrants removal of the
tree due to safety or aesthetic concerns, the Contractor shall remove the tree,
along with its stump to a depth of 12 inches below grade. The Contractor shall
pay the Village for replacement of the tree. Replacement cost will be
determined by multiplying the diameter of the damaged tree, as measured 4-
1/2 feet above the ground, by the rate of $150.00/inch.
The Contractor shall be responsible for being familiar with and complying with
all aspects of the Village of Mount Prospect Tree Protection ordinances and
Arboricultural Standards Manual as they relate to the various site locations.
Any questions regarding tree protection shall be directed to the Village Forestry
Division and their response or direction shall be considered as the final
word/decision on tree protection issues. Any costs for tree protection fencing,
posts, labor or other associated labor or material shall be incidental to the fixed
cost per unit bid.
3.19. WORK IN STREET RIGHT-OF-WAY. All of Contractor's construction work in
street rights-of-way shall be done in strict accordance with the applicable
controlling public agency's construction specifications, permitting, bonding,
rules, and regulations.
All costs for necessary permits and bonds shall be borne by the Contractor and
considered incidental to the fixed item price of the applicable work.
Contractor shall coordinate with the proper public officials and receive approval
from said officials prior to any street closings or detouring required due to the
work to be performed.
Contractor shall protect existing vegetation from removal or damage wherever
possible. Contractor shall confine construction work to specified construction
limits as shown on the drawings or defined in the specifications. Should
Contractor damage or remove any vegetation outside the construction limits,
Contractor shall restore the affected area to its original state at no expense to
the Village.
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4. BOND; INSURANCE; INDEMNIFICATION.
4.1. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND.
Upon submission of the executed contract to the Village, Contractor shall
furnish to the Village a surety bond in the amount one hundred and ten percent
(110%) of the bid for the faithful performance of the Contract and to indemnify
the Village against loss. The Contractor shall also furnish a labor and materials
bond to ensure payment for all labor and materials, including compliance with
the provisions of law relating to the payment of the prevailing rate of wages.
The premium of such bonds is to be paid by the Contractor. The surety must
be with a substantial surety company satisfactory to the Village and authorized
by law to do business in the State of Illinois and endorsed by a local
representative of said surety company. All payment and performance bonds
shall name the Village of Mount Prospect as Obligee and be written upon forms
prepared or approved by the Village. Said bonds may be satisfied with a Letter
of Credit, in the form acceptable to the Village, from a bank or savings and loan
within the Chicago metropolitan area. The bonds and Letter of Credit shall
remain in effect during the full term of the Contract and any extension thereof.
Failure to so provide these bonds or Letter of Credit shall result in forfeiture of
the bid deposit to the Village as liquidated damages and not as a penalty, and
the termination of the contract and/or withdrawal of the award.
4.2. INSURANCE REQUIREMENTS. In submission of a bid, the bidder is certifying
that it has all insurance coverages required by law or that would normally be
expected for bidder's type of work. In addition, the bidder is certifying that, as
successful bidder/Contractor, upon execution of the Contract, it will provide
Insurance of such types and in such amounts as may be necessary to protect
itself and the interests of the Village against all hazards or risks of loss
contemplated by the Contract. The Village shall be named as additional
insured on all applicable insurance policies. Satisfactory certificates of
insurance shall be filed with the Village upon execution of the Contract. The
certificates shall state that thirty (30) days advance written notice will be given
to the Village before any policy covered thereby is changed or canceled.
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Insurance coverage shall be in the following minimum amounts:
Type of Insurance
General Liability:
Bodily Injury
Property Damage
Contractual Ins.
Automobile Liability:
Bodily Injury
Property Damage
Workers Compensation:
Employee Claims
Employers Liability
Limit/ Limit/
Ea. Occurrence Aggregate
$1,000,000
$3,000,000
$1,000,000
$3,000,000
$1,000,000
$3,000,000
$1,000,000 $1,000,000
$1,000,000 $1,000,000
Statutory for Illinois
$1,000,000 per accident
4.3. INDEMNIFICATION. The Contractor shall indemnify and save harmless the
Village, its officers and employees from any and all liability, losses or damages,
including attorneys fees and costs of defense, the Village may suffer as a result
of claims, demands, suits, actions or proceedings of any kind or nature,
including workers' compensation claims, in any way resulting from or arising
out of the operations of the Contractor under the Contract, including operations
of subcontractors; and the Contractor shall, at its own expense, appear,
defend, and pay all fees of attorneys and all costs and other expenses arising
therefrom or incurred in connection therewith; and, if any judgments shall be
rendered against the Village in any such action, the Contractor shall, at its own
expense, satisfy and discharge same. The Contractor expressly understands
and agrees that any bonds, letters of credit or insurance protection required by
the Contract, or otherwise provided by the Contractor, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the Village as
herein provided.
Contractor agrees to defend and hold harmless the Village from and against all
demands, claims, suits, costs, expenses, damages and adjustments based
upon any infringement of any patent relating to goods specified in the contract,
and on account of the Village's use of any copyrighted or uncopyrighted,
composition, trade secrets, secret process, proprietary rights, patented of
unpatented invention, article or appliance furnished or used under the bid
Specifications.
2017 Storm Sewer Improvements — Park Drive
5. COMPLIANCE WITH LAWS.
5.1. COLLUSION. If at any time it shall be found that the person, firm, or
corporation to whom the Contract has been awarded has, in presenting any
proposal or proposals, unlawfully colluded with any other party or parties, then
the Contract so awarded shall be null and void and the Contractor and its
sureties shall be liable to the Village for all loss or damage which the Village
may suffer thereby, and the Village may advertise for new bids for said work.
5.2. OBSERVANCE OF LAWS, ORDINANCES, AND REGULATIONS;
CERTIFICATIONS OF COMPLIANCE WITH APPLICABLE LAWS. The
Contractor shall, at all times during the life of this contract, observe and abide
by all federal, state and local laws which in any way affect the conduct of the
work and with all decrees and orders of courts or agencies of competent
jurisdiction. Likewise, said Contractor shall be governed by all municipal
ordinances and regulations which in any way affect the conduct of the work.
The Contractor shall indemnify and save harmless the Village, its officers,
agents, and employees against any claim or liability arising from or based on
its violation of any law, ordinance, regulation, decree or order.
The bidder and Contractor, as successful bidder, shall comply with all
applicable state, federal and local laws, including, but not limited to the
following:
5.2.1. BID RIGGING/ROTATING. By submitting a bid, the Contractor certifies
that no owner, officer or director is barred from contracting with any unit
of state or local government as a result of violating the bid rigging or bid
rotating provisions contained in 720 ILCS 5/33E-3 & 33E-4.
5.2.2. TAX PAYMENT. The Contractor certifies that it is not delinquent in the
payment of any taxes to the Illinois Department of Revenue. (65 ILCS
5/11-42.1-1)
5.2.3. DRUG FREE WORKPLACE ACT. The Contractor will comply with the
requirements of the Drug Free Workplace Act if the contract is $5,000
or more and it has more than 24 employees at the time of entering into
the contract (30 ILCS 580).
5.2.4. PREFERENCE TO VETERANS ACT. The Contractor will comply with
the Preference to Veterans Act (330 ILCS 55).
5.2.5. SUBSTANCE ABUSE PREVENTION PROGRAM. By submitting a bid,
the Contractor certifies that the company has in place, to the extent not
covered by a collective bargaining agreement that deals with the
subject of the Act, a substance abuse prevention program that meets or
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2017 Storm Sewer Improvements — Park Drive
exceeds the requirements of the Substance Abuse Prevention in Public
Works Projects Act, 820 ILCS 265/1 et seq.
5.2.6. NON-DISCRIMINATION. The Contractor will comply with the Illinois
Public Works Employment Discrimination Act (775 ILCS 10/1, et seq.)
5.2.7. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor will comply
with Article 2 of the Illinois Human Rights Act (775 ILCS 5/2-101, et
seq.), including establishment and maintenance of a sexual harassment
policy as required by Section 2-105, and the Rules and Regulations of
the Illinois Department of Human Rights, including the EQUAL
EMPLOYMENT OPPORTUNITY CLAUSE, which is a material term of
all public contracts, as follows:
EQUAL EMPLOYMENT OPPORTUNITY
In the event of the Contractor's non-compliance with the provisions of
this Equal Employment Opportunity Clause or the Act, the Contractor
may be declared ineligible for future contracts or subcontracts with the
State of Illinois or any of its political subdivisions or municipal
corporations, and the contract may be cancelled or voided in whole or
in part, and other sanctions or penalties may be imposed or remedies
invoked as provided by statute or regulation. During the performance of
this contract, the Contractor agrees as follows:
5.2.7.1. That he or she will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual
orientation, marital status, order of protection status, national origin or
ancestry, citizenship status, age, physical or mental disability
unrelated to ability, military status or an unfavorable discharge from
military service; and, further, that he or she will examine all job
classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to rectify any
underutilization.
5.2.7.2. That, if he or she hires additional employees in order to
perform this contract or any portion of this contract, he or she will
determine the availability (in accordance with this Part) of minorities
and women in the areas from which he or she may reasonably recruit
and he or she will hire for each job classification for which employees
are hired in a way that minorities and women are not underutilized.
5.2.7.3. That, in all solicitations or advertisements for employees
placed by him or her or on its behalf, he or she will state that all
applicants will be afforded equal opportunity without discrimination
because of race, color, religion, sex, sexual orientation, marital status,
order of protection status, national origin or ancestry, citizenship
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2017 Storm Sewer Improvements — Park Drive
status, age, physical or mental disability unrelated to ability, military
status or an unfavorable discharge from military service.
5.2.7.4. That he or she will send to each labor organization or
representative of workers with which he or she has or is bound by a
collective bargaining or other agreement or understanding, a notice
advising the labor organization or representative of the Contractor's
obligations under the Act and this Part. If any labor organization or
representative fails or refuses to cooperate with the Contractor in its
efforts to comply with the Act and this Part, the Contractor will
promptly notify the Department and the contracting agency and will
recruit employees from other sources when necessary to fulfill its
obligations under the contract.
5.2.7.5. That he or she will submit reports as required by this Part,
furnish all relevant information as may from time to time be requested
by the Department or the contracting agency, and in all respects
comply with the Act and this Part.
5.2.7.6. That he or she will permit access to all relevant books,
records, accounts and work sites by personnel of the contracting
agency and the Department for purposes of investigation to ascertain
compliance with the Act and the Department's Rules and Regulations.
5.2.7.7. That he or she will include verbatim or by reference the
provisions of this clause in every subcontract awarded under which
any portion of the contract obligations are undertaken or assumed, so
that the provisions will be binding upon the subcontractor. In the same
manner as with other provisions of this contract, the Contractor will be
liable for compliance with applicable provisions of this clause by
subcontractors; and further it will promptly notify the contracting
agency and the Department in the event any subcontractor fails or
refuses to comply with the provisions. In addition, the Contractor will
not utilize any subcontractor declared by the Illinois Human Rights
Commission to be ineligible for contracts or subcontracts with the
State of Illinois or any of its political subdivisions or municipal
corporations. Title 44, Part 750, Section 750, APPENDIX A, Illinois
Administrative Code.
5.2.8. PREVAILING WAGE. This contract calls for the construction of a
"public work" within the meaning of the Illinois Prevailing Wage Act, 820
ILCS 130/1, et seq., as amended (the "Act"). The Contractor and all
subcontractors are required to pay wage rates in accordance with the
Act to all laborers, workers and mechanics. The Village has adopted
the prevailing wages as determined by the Illinois Department of Labor
("IDOL") for Cook County. The prevailing rate of wages is revised by the
IDOL and is available on the IDOL
website www.state.ii.us/agencv/idol/rates/rates.HTM. The Contractor
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2017 Storm Sewer Improvements — Park Drive
and all subcontractors are solely responsible for checking the
Department's website for revisions to prevailing wage rates. In the event
that the IDOL should revise the prevailing rate of wages, then the
revised rates shall apply to this Contract. In no case shall any revision
in the rates of prevailing wages result in an increase in the total Contract
price.
All bonds provided by the Contractor under the terms of this Contract
shall include such provisions as will guarantee the faithful performance
of the Contractor's obligations under this clause and under the
Prevailing Wage Act, 820 ILCS 130/1 et. seq.
Contractor shall comply with all applicable provisions of the Prevailing
Wage Act, including, but not limited to, the requirements of Section 5 of
the Prevailing Wage Act, 820 ILCS 130/5. The Contractor, and all
Subcontractors and Sub -Subcontractors participating on the Project,
shall make and keep those records required under Section 5 of the
Prevailing Wage Act in paper or electronic format. In conformance with
the Act, each contractor and subcontractor, or other entity performing
work on the project, shall maintain records of all laborers, mechanics
and other workers employed by them on the project, including the
following information on each worker: (1) name; (2) address; (3)
telephone number when available; (4) social security number; (5)
classification or classifications; (6) gross and net wages paid in each
pay period; (7) number of hours worked each day; (8) starting and
ending times of each day; (9) hourly wage rate; (10) hourly overtime
wage rate; (11) hourly fringe benefit rates; (12) the name and address of
each fringe benefit fund; (13) the plan sponsor of each fringe benefit, if
applicable; and (14) the plan administrator of each fringe benefit, if
applicable. These records shall be kept by the participating contractor
and subcontractor for a period of not less than five (5) years from the
date of last payment on the contract or subcontract. No later than the
15th day of each calendar month, each participating contractor and
subcontractor shall submit a monthly certified payroll to the Village
consisting of the above -referenced information as well as a statement
signed by the participating contractor or subcontractor that certifies: (a)
the records are true and accurate; (b) the hourly rates paid to each
worker is not less than the general prevailing rate of hourly wages
required under the Prevailing Wage Act; and (c) the contractor or
subcontractor is aware that filing a certified payroll that he or she knows
to be false is a Class A misdemeanor.
5.2.9. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST.
Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS
140/7, applies to public records in the possession of a party with whom
the Village of Mount Prospect has contracted. The Village of Mount
Prospect will have only a very short period of time from receipt of a
FOIA request to comply with the request and there is a significant
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2017 Storm Sewer Improvements — Park Drive
amount of work required to process a request including collating and
reviewing the information.
The bidder/Contractor acknowledges the requirements of FOIA and
agrees to comply with all requests made by the Village of Mount
Prospect for public records (as that term is defined by Section 2(c) of
FOIA) in the undersigned's possession and to provide the requested
public records to the Village Mount Prospect within two (2) business
days of the request being made by the Village of Mount Prospect. The
bidder/Contractor agrees to indemnify and hold harmless the Village of
Mount Prospect from all claims, costs, penalties, losses and injuries
(including but not limited to, attorney's fees, other professional fees,
court costs and/or arbitration or other dispute resolution costs) arising
out of or relating to its failure to provide public records to the Village of
Mount Prospect under the contract.
6. WORK GUARANTY.
6.1. MAINTENANCE BOND. A maintenance bond ora maintenance letter of credit is
required. This maintenance bond or maintenance letter of credit amount shall
consist of ten percent (10%) of the final project cost; it shall be posted by the
Contractor with the Village upon completion of all Work; and it shall be valid and
effective for a period of two (2) years after the final acceptance of such Work by
the Village for the purpose of guaranteeing against and securing the correction of
any defect in material or workmanship furnished for such improvements, latent in
character and not discernible at the time of final inspection or acceptance by the
Village of Mount Prospect.
6.2. GENERAL GUARANTY. Neither partial or final payment, nor any provision in the
contract, nor partial or entire use of the product/Work embraced in the contract by
the Village or the Public shall constitute an acceptance of work not done in
accordance with the contract, or relieve the Contractor of liability in respect to any
express warranties or responsibility for failure to comply with the terms of those
contract documents.
Unless otherwise expressly provided in the Specifications, in the event any
defects or imperfections in the materials or workmanship to be furnished by the
Contractor herein appear within the period of two (2) years from the date of
completion of all the Work and acceptance thereof by the Village, the Contractor
will, upon notice from said Village (which notice may be given by letter to said
Contractor to the business address of the Contractor shown in the proposal),
repair and make good at its own cost any such defects or imperfections and
replace any defective or imperfect materials or workmanship with other materials
or workmanship satisfactory to said Village, and furnish all such new materials
and labor as may be necessary to do so; and in the event of the failure, refusal or
delay of said workmanship or materials said Village may do so or have same
done by others, and said Contractor and surety or sureties on the bonds given for
the faithful performance of the contract shall be liable to the Village for all
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2017 Storm Sewer Improvements — Park Drive
damages and expenses occasioned by such failure, refusal or delay. All details of
warranties shall be included with the bid. Warranty work shall be at no additional
expense to the Village.
Manufacturer warranties and guaranties shall be submitted with the bid and shall
be considered a part of the contract where such specifications meet the minimum
bid Specifications.
7. MISCELLANEOUS CONTRACT REQUIREMENTS.
7.1. CONTRACT ALTERATIONS. No amendment of a contract shall be valid unless
made in writing and signed by the Village President, Village Manager, or their
authorized representative.
7.2. LICENSES AND PERMITS. The Contractor shall procure at its own expense all
necessary licenses and permits in connection with the work under the Contract.
7.3. NONASSIGNABILITY. The Contractor shall not assign the contract, or any part
thereof, to any other person, firm or corporation without the previous written
consent of the Village. Such assignment shall not relieve the Contractor from its
obligations or change the terms of the contract unless agreed by the Village at its
sole discretion.
7.4. NOTICES. All notices required by the contract shall be given in writing.
7.5. TAXES. The Contractor shall pay all federal, state and local taxes as may be
applicable on all materials, labor and services furnished by it under the contract,
and the amounts of such taxes shall be included in the unit prices bid.
End of General Conditions.
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2017 Storm Sewer Improvements — Park Drive
SPECIFICATIONS
This project is not funded with MFT, State, or Federal funds. However, all work under
this project shall be performed according to the requirements of the Illinois Department
of Transportation (IDOT) Standard Specifications for Road and Bridge Construction,
adopted April 1,2016, and Errata adopted January 1, 2017, the latest edition of the
"Manual on Uniform Traffic Control Devices for Streets and Highways", and the "Manual
of Test Procedures of Materials" in effect on the date of invitation of bids, and the
"Supplemental Specifications and Recurring Special Provisions", adopted January 1,
2017, that are included, or included by reference, in this document.
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2017 Storm Sewer Improvements — Park Drive
SPECIAL PROVISIONS
The following Special Provisions supplement the "Standard Specifications for Road and
Bridge Construction", Adopted April 1, 2016, and Errata adopted January 1, 2017, the
latest edition of the "Manual on Uniform Traffic Control Devices for Streets and
Highways", and the "Manual of Test Procedures of Materials" in effect on the date of
invitation of bids, and the "Supplemental Specifications and Recurring Special
Provisions", adopted January 1, 2017, that are referenced in this document apply to and
govern the construction of this project, and in case of conflict with any part, or parts, of
said Specifications, the said Special Provisions shall take precedence and shall govern.
RESTRICTION OF WORK
All construction activities or alteration operations within the Village shall be performed
only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. No work
will be allowed on Sundays and legal holidays as listed in Article 107.09 in the
"Standard Specifications for Road and Bridge Construction". Variations from these time
limitations shall be allowed only in the case of maintenance of operation of safety and
traffic control devices such as barricades, signs and lighting, or to construction of an
emergency nature. More stringent requirements may be assessed for work in state
highway or railroad rights-of-way. Working hours outside these times must receive prior
approval from the Village.
QUALITY CONTROL/QUALITY ASSURANCE
The requirements for Hot -Mix Asphalt Quality Control/Quality Assurance as described in
Section 1030 of the "Standard Specifications for Road and Bridge Construction" shall be
followed for this project, insofar as applicable. The requirements for Quality
Control/Quality Assurance of Concrete Mixtures as described in IDOT "Recurring
Special Provisions" as Check Sheet #25 shall be followed for this project, insofar as
applicable.
MOBILIZATION
This contract contains no provisions for Mobilization. Therefore Section 671 of the
"Standard Specifications for Road and Bridge Construction" will not be applicable to this
contract.
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2017 Storm Sewer Improvements — Park Drive
HOT -MIX ASPHALT SURFACE REMOVAL, 3"
DESCRIPTION. This work shall consist of removing asphalt pavement by way of milling to
a depth of 3".
CONSTRUCTION METHODS. The work shall be done in accordance with Section 440 of
the "Standard Specifications for Road and Bridge Construction". The limits of the removal
will be curb -to -curb.
BASIS OF PAYMENT. This work will be paid for at the contract unit price per square yard
for HOT -MIX ASPHALT SURFACE REMOVAL, 3". This price shall include all labor,
material and equipment necessary to complete this item.
8" PVC SDR 26
DESCRIPTION. This work shall consist of the installation of polyvinyl chloride pipe
(PVC) in accordance to Section 1040.03 (a) of the Standard Specifications for Road and
Bridge Construction.
CONSTRUCTION METHODS. Installation shall conform to Section 550 of the Standard
Specifications for Road and Bridge Construction and any applicable requirements of the
Metropolitan Water Reclamation District.
BASIS OF PAYMENT. This work will be paid for at the contract unit price per foot for 8"
PVC SDR 26. This price shall include all the costs for excavating, disposing of excess
material, furnishing and placing pipe bedding material, connecting to existing structures,
and all other labor and material (including fittings) necessary to furnish and install this
item.
RCP, TYPE 3, CLASS III — 24", 60"
DESCRIPTION. This work shall consist of excavating and installing RCP, Type 3, Class III
as shown on the plan.
CONSTRUCTION METHODS. The work shall be done in accordance with Section 550 of
the "Standard Specifications for Road and Bridge Construction".
BASIS OF PAYMENT. This work will be paid for at the contract unit price per foot for RCP,
TYPE 3, CLASS III, of the size specified. This price shall include all labor, material, and
equipment to complete this item, including the excavation, backfill material and
connections.
RCP, TYPE 2, CLASS HE -III — 32"x24" HORIZONTAL ELLIPTICAL RCP
DESCRIPTION. This work shall consist of excavating and installing 32"x24" Horizontal
Elliptical RCP, Type 2, Class HE -III as shown on the plan.
CONSTRUCTION METHODS. The work shall be done in accordance with Section 550 of
the "Standard Specifications for Road and Bridge Construction".
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2017 Storm Sewer Improvements — Park Drive
BASIS OF PAYMENT. This work will be paid for at the contract unit price per foot for
32"X24" HORIZONTAL ELLIPTICAL RCP, TYPE 2, CLASS HE -III. This price shall
include all labor, material, and equipment to complete this item, including the excavation,
backfill material and connections.
STRUCTURE TO BE ADJUSTED
DESCRIPTION. In general, this work shall consist of adjusting the frame elevation of a
utility structure.
CONSTRUCTION METHOD. The work shall be done in accordance with the applicable
portions of Section 602 of the "Standard Specifications for Road and Bridge
Construction".
BASIS OF PAYMENT. This work will be paid for at the contract unit price each for
STRUCTURE TO BE ADJUSTED.
COMBINATION CONCRETE CURB & GUTTER REMOVAL & REPLACEMENT
DESCRIPTION. This work shall consist of the removal of designated existing curb and
gutter and installation of new curb and gutter, and restoration of the adjacent parkway.
CONSTRUCTION METHODS. The work shall be done in accordance with the
applicable portions of Sections 440 and 606 of the "Standard Specifications for Road
and Bridge Construction". The Contractor shall saw -cut a clean joint between the
portion of curb and gutter to be removed and that which is to remain. If the Contractor
removes or damages the existing curb and gutter outside the limits designated by the
Engineer for removal and replacement, he will be required to remove and replace that
portion at its own expense.
Any grass areas disturbed by the installation of the new curb & gutter shall be restored
by placing topsoil and seed in accordance with Sections 211 and 250 of the "Standard
Specifications for Road and Bridge Construction".
BASIS OF PAYMENT. This work will be paid for at the contract unit price per foot for
COMBINATION CONCRETE CURB & GUTTER REMOVAL & REPLACEMENT. This
price shall include all labor, material and equipment necessary to remove and replace
the curb and gutter, including all saw -cutting. This item will include any type of curb and
gutter encountered, including but not limited to barrier curb, mountable curb, depressed
curb, and integral curb and gutter.
TRAFFIC CONTROL PLAN
Traffic Control shall be according to the applicable sections of the Standard Specifications,
the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices
for Streets and Highways", any special details and Highway Standards contained in the
plans, and the Special Provisions contained herein.
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2017 Storm Sewer Improvements — Park Drive
Special attention is called to Article 107.09 of the Standard Specifications and the following
Highway Standards, Details, Quality Standard for Work Zone Traffic Control Devices,
Recurring Special Provisions and Special Provisions contained herein, relating to traffic
control.
The Contractor shall contact the District One Bureau of Traffic at least 72 hours in advance
of beginning work.
STANDARDS:
701301-04
Lane Closure. 2L, 2W, Short Time Operation
701311-03
Lane Closure 2L, 2W Moving Operations — Day Only
701501-06
Urban Lane Closure, 2L, 2W, Undivided
701801-06
Sidewalk Corner or Crosswalk Closure
701901-06
Traffic Control Devices
DETAILS:
Region One Traffic Control and Protection for Side Roads, Intersections, and
Driveways
Region One Typical Pavement Markings
SPECIAL PROVISIONS:
LRS 3 Construction Zone Traffic Control
Maintenance of Roadways (D-1)
BASIS OF PAYMENT. The work associated with the Traffic Control Plan will be paid for at
the contract unit price Lump Sum for TRAFFIC CONTROL & PROTECTION, Standard
701501, TRAFFIC CONTROL & PROTECTION, Standard 701801, and TRAFFIC
CONTROL & PROTECTION, Standard 701901.
TRENCH BACKFILL
DESCRIPTION. This work shall consist of furnishing aggregate for all trenches where the
inner edge of the trench is within 2' of pavement, curb, gutter, or sidewalk. This work also
includes the disposal of any excess material replaced by the trench backfill.
CONSTRUCTION METHODS. The work shall be done in accordance with Section 208 of
the "Standard Specifications for Road and Bridge Construction". All trench backfill material
shall conform to CA -6 gradation as defined in Section 1004 of the Standard Specifications
for Road and Bridge Construction. The trench backfill shall be placed in 9" lifts, and
mechanically compacted.
BASIS OF PAYMENT. This work will be paid for at the contract unit price per cubic yard
for TRENCH BACKFILL. This price shall include all labor, material, and equipment to
complete this item.
End of Special Provisions.
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2017 Storm Sewer Improvements — Park Drive
CLEAN CONSTRUCTION OR DEMOLITION DEBRIS (CCDD)
The Contractor shall only be responsible for the disposal of clean construction debris.
The Contractor shall prepare all bid pricing based on the assumption that all
excavations and associated debris will comply with the clean construction debris
disposal requirements and that the debris can and will be disposed of at any clean
debris landfill.
The Village or its CCDD consultant will prepare all Source Site Certification by Owner or
Operator forms (or LPC -662 manifests) for each location and for each date of
excavation during this project. These forms will be provided to the Contractor by the
engineering project representative or (EPR).
The Contractor shall acquire one manifest for each load as outlined in the state
regulations and shall be responsible for only the costs of disposal of clean construction
debris.
Suspect Debris
The Contractor shall only be responsible for the disposal of any and all clean
construction debris.
If the Contractor, for whatever reason, suspects that an excavation, debris load, or any
portion thereof, may contain non -clean construction debris, then he shall immediately
notify the Village or the EPR.
The Public Works Department can be reached at 847-870-5640.
If the Village or EPR agree that the material is suspect then the Contractor shall set
aside that suspect load or portion thereof on site or at a holding area identified by the
Village. The Contractor shall at that time be no longer responsible for the disposal of
that load or portion thereof.
The Village and its CCDD consultant will become responsible for the testing and
subsequent disposal of all suspect debris.
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Bid Form Page 1
2017 Storm Sewer Improvements — Park Drive
BID FORM
2017 Storm Sewer Improvements — Park Drive
Village of Mount Prospect
Department of Public Works
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: "2017 Storm Sewer Improvements — Park Drive"
The bidders have familiarized themselves with the work and probable work conditions
required under this Bid affecting the cost of the work and with the Bid Documents which
include:
• Notice to Bidders
• Table of Contents
• Instructions for Bidders
• General Conditions and Special Provisions
• Specifications
• Bid Form
• Affidavit — Bid Certification Form
• Bid Security
• Bid Sheet — 2017 Storm Sewer Improvements — Park Drive
• Contract Document
• Labor and Materials Payment bond form
• Performance Bond Form
• Supporting Documents
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents.
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
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2017 Storm Sewer Improvements — Park Drive
Bid Form Page 2
The Bidder acknowledges that it is responsible for verification of all pipe sizes and
depths prior to the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item
proposed.
In submitting this bid, the Bidder understands that the Village of Mount Prospect
reserves the right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items
bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the
Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver
the contract in the prescribed form and furnish payment and performance bonds, or
letter of credit, and the insurance certificates required by the Bid Documents to the
Village within ten (10) days after receipt.
The Bidder, and as successful bidder/Contractor upon award of the Contract
understands and agrees to the following:
1) The Contractor agrees to provide all Work and items and material to the Village as
noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The Contractor agrees to comply with all applicable state and federal laws, rules
and regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the
spaces provided below:
Addendum
No.
Addendum
Date
Acknowledgement by Bidder or
Authorized Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient
grounds for disqualification of the bidder and rejection of his/her bid submittal. A record
of all Addenda and copies of same will be available to all qualified bidders from the
Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount
Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to
become fully advised of all Addenda prior to submitting its bid.
,s
2017 Storm Sewer Improvements — Park Drive
Bid Form Page 3
Upon award the contract the Village will send Notice of Award to the successful bidder,
the bidder must then execute the contract and provide the required bonds or letter of
credit and certificate of insurance to the Village within ten (10) days. The Village will
then issue a written Notice to Proceed, which starts the performance period and the
Contractor then has ten (10) days to commence work. The Contractor shall reach
substantial completion within thirty (30) consecutive calendar days after the Notice to
Proceed with final completion fifteen (15) days thereafter. Failure to complete the
work in the designated time frame may result in the Director of Public Works withholding
compensation due the Contractor for failure to complete the said work in the designated
time frame, calling the bonds, or taking such other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders"
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) Bid Sheet(s) — 2017 Storm Sewer Improvements — Park Drive
Respectfully submitted:
Name of Firm/Bidder:
By: _
Title:
Date:
Contact Information:
Official Address:
Telephone:
��F
(Signature)
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET(S) ALONG WITH THE AFFIDAVIT —
BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED
ENVELOPE.
41
2017 Storm Sewer Improvements — Park Drive
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Bidder:
Company/Firm Name:
/_r'.l0rrm
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment,
the undersigned, , being first duly sworn on oath,
deposes and states that he or she is
(sole owner, partner, joint ventured, President, Secretary, etc.) of
and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I Non Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any
other bidder, or to secure any advantage against any other bidder or any person
interested in the proposed contract.
Section II Bid Rigging and Rotating
The undersigned further states that
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the
United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code,
720 ILCS 5/33E-3, 33E-4.
Section III Drug Free Workplace
The undersigned further states that
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS
580/1, et seq., and has, to the extent not covered by a collective bargaining that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds
these requirements of that Act.
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2017 Storm Sewer Improvements — Park Drive
AFFIDAVIT — BID CERTIFICATION FORM — Page 2
Section IV Tax Payment
The undersigned further states that is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V
Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a
public contract must:
"Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1)
the illegality of sexual harassment; (11) the definition of sexual harassment under State law; (111) a
description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process
including penalties; (V) the legal recourse, investigative and complaint process available through the
Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how
to contact the Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any
municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that
has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and
correct.
Signed by:
Signature
Name Printed:
Title:
Signed and sworn to before me this day of , 20_.
My commission expires:
Notary Public
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2017 Storm Sewer Improvements — Park Drive
BID SECURITY
Included with this bid is a bank cashier's check, certified check or bid bond in the amount of
being ten percent (10%) of the total amount bid by
the Bidder, in favor of the Village of Mount Prospect. It is hereby
agreed that, should Bidder be awarded the Work contemplated under this bid and fail or refuse
to execute a contract for said Work, or to provide the required payment and performance bonds,
or letter of credit, and certificate of insurance, then this security, in the amount stipulated above,
shall be forfeited and may be retained by the Village of Mount Prospect as liquidated damages
and not as a penalty. All bids to remain firm for a period of ninety (90) days after bid opening
date.
SUBMITTED THIS
SEAL (if corporation)
Title
DAY OF , 2017.
Bidder:
Bidder's Agent and Agent's Title
Note: If bidder is a partnership, the bid must be signed by at least two of the partners.
Note: If bidder is a corporation, the bid must be signed by an authorized officer of the
corporation, attested and sealed by the secretary or other authorized officer.
If a corporation, note here the state of incorporation:
Incorporated under the laws of the State of
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2017 Storm Sewer Improvements — Park Drive
BID SHEET
2017 Storm Sewer Improvements — Park Drive
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (No. 1 through 12) to provide all labor, equipment, materials
and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
ITEM
NO.
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
1
8" PVC SDR 26
FOOT
66
2
24" RCP, TYPE 3, CLASS III
FOOT
670
3
60" RCP, TYPE 3, CLASS III
FOOT
8
4
32" X 24" HORIZONTAL ELLIPITICAL RCP, TYPE
2, CLASS HE -III
FOOT
33
5
TRENCH BACKFILL
CU YD
600
6
CATCH BASIN (24° DIA.)
EACH
2
7
MANHOLE (60" DIA.)
EACH
5
8
MANHOLE (96" DIA.)
EACH
1
9
STRUCTURES TO BE ADJUSTED
EACH
1
10
COMBINATION CONCRETE CURB & GUTTER
REMOVAL & REPLACEMENT
FOOT
15
11
HMA SURFACE REMOVAL, 3"
SQ YD
925
12
HMA BINDER COURSE, N50, 2"
TON
55
13
LEVELING BINDER (MACHINE METHOD), 1.5"
TON
80
14
BITUMINOUS MATERIALS (PRIME COAT)
POUND
1,080
15
BITUMINOUS MATERIALS (TACK COAT)
POUND
416
16
CLASS D PATCH, TYPE IV
SQ YD
37
17
TRAFFIC CONTROL & PROTECTION
L. SUM
1
TOTAL FOR ITEMS (1 through 12)
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2017 Storm Sewer Improvements — Park Drive
CONTRACT
THIS Contract (hereinafter the "Contract") is entered into on this day of , 2017,
by and between the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation
(hereinafter the "Village"), and
(hereinafter the `Contractor") (Village
and Contractor sometimes referred to individually as "Party" and collectively as "Parties"),
WHEREAS, the Village has solicited competitive bids for its "2017 Storm Sewer
Improvements — Park Drive"; and
WHEREAS, the Contractor submitted a bid to perform the work associated with the 2017
Storm Sewer Improvements — Park Drive (hereinafter the "Bid"); and
WHEREAS, upon its review of the submitted bids, the Village has awarded the contract
to perform the work associated with the 2017 Storm Sewer Improvements — Park Drive to the
Contractor, subject to the execution of this Contract;
NOW, THEREFORE, for and in consideration of their mutual promises, covenants,
undertakings and agreements, the parties agree as follows:
ARTICLE I — CONTRACT DOCUMENTS
This Contract is subject to the terms and conditions set forth in the Contract Documents, which
are incorporated herein as if fully set forth, and include the following Bid Documents with
Bidder's/Contractor's Bid Submittals prioritized to be included in number 6*:
1. Notice to Bidders
2. Table of Contents
3. Instructions to Bidders
4. General Conditions and Special Provisions
5. Specifications
6. Bid Submittals, including Bid Form, Affidavit— Bid Certification Form, Bid Security,
Bid Sheet
(*Bidder's/Contractor's completed Bid Submittals)
7. Other materials or standards provided or noted by the Village
8. Contract
9. Applicable performance and labor and materials payment bonds, or letter of credit.
(Collectively the "Contact Documents")
ARTICLE II — PERFORMANCE BY CONTRACTOR
1. The Contractor agrees to perform the work, including all labor, materials, equipment and
services, in accordance with the terms and conditions set forth in the Contract
Documents (hereinafter the "Work").
2. The Contractor acknowledges that the Village reserves the right to add to or subtract
from the estimated quantities.
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2017 Storm Sewer Improvements — Park Drive
3. The Contractor certifies that it will comply with all state and federal laws and regulations,
and county and municipal ordinances, as set forth in the General Conditions.
ARTICLE III — PERFORMANCE BY VILLAGE
The Village agrees to pay the Contractor for its performance of the Work in the manner and
amount provided in the Contract Documents.
ARTICLE IV - CONFLICT BETWEEN CONTRACT DOCUMENTS
In the event of a conflict between any Contract Document and the terms of this Contract, the
Contract shall control to the extent of the conflict. In the event of any other conflict between
Contract Documents, the preceding Document shall govern to the extent of the conflict based
upon the order of priority set forth in Article I of this Contract, unless otherwise specifically
stated.
ARTICLE V — COMMENCEMENT AND COMPLETION OF WORK
After the written Notice to Proceed is issued by the Village, which will start the performance
period, the Contractor then has 10 days to commence work. The Contractor shall achieved
substantial performance within thirty (30) consecutive calendar days after the Notice to Proceed
has been issued with final performance fifteen (15) days thereafter.
The Contractor shall commence performance of the Work and complete performance of the
Work, in accordance with the schedule set forth in the Contract Documents, but in no event
shall any Work be performed prior to the Village's receipt of this Contract, executed by
Contractor, and the Village's acceptance and approval of the payment and performance bonds,
or letter of credit, and certificate of insurance required by the Contract Documents.
ARTICLE V — NOTICE
Unless otherwise provided, all notices required under this Contract shall be made in writing and
addressed or delivered as follows:
TO THE VILLAGE OF MOUNT PROSPECT -
The Village of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
ATTN: Director of Public Works
TO CONTRACTOR- at the address set forth on the Bid Form, or: .
Notices shall be deemed effective when received by personal service or registered or certified
U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may,
by written notice to the other, change its own mailing address.
ARTICLE VI — PRIOR AGREEMENTS; SUCCESSORS
This Contract supersedes all previous agreements, understandings and representations of any
nature whatsoever, whether oral or written, and constitutes the entire understanding between
the Parties. The terms of this Contract shall be binding upon and inure to the benefit of the
parties and the partners and officials, successors in interest, executors, administrators, assigns
and representatives and their respective successors and assigns, provided, however, that the
Contractor shall not assign, sublet or transfer any rights or interest in this Agreement in whole or
in part without the prior written approval of the Village, except to the extent that the Contract
Documents provide otherwise.
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2017 Storm Sewer Improvements — Park Drive
ARTICLE VII - DEFAULT BY CONTRACTOR
If the Contractor fails to begin the Work under the Contract within the time specified, or fails to
perform the Work in accordance with the terms of the approved schedule or performs the Work
in a manner unacceptable to the Village, or neglects or refuses to remove materials or perform
anew such Work as has been rejected by the Village, or if the Contractor shall become insolvent
or be declared bankrupt, or shall make an assignment for the benefit of creditors, or from any
other cause whatsoever shall fail to carry on the Work in a manner required by the Contract, the
Village shall give notice as hereinafter provided to the Contractor and its surety in writing
specifying such failure, delay, neglect, refusal or default, and if the Contractor, within a period of
ten (10) calendar days after the giving of such notice, shall not proceed in accordance therewith,
then the Village shall have full power and authority to declare the this Contract and the
Contractor in default, and to forfeit the rights of the Contractor in this Contract.
Upon declaration of Contractor's default, the Village may, at its option, call upon the surety to
complete the Work in accordance with the terms of this Contract or may take over the Work,
including any materials on the Work site as may be suitable and acceptable to the Village and
may complete the Work by its own forces or on its own account, or may enter into a new
contract or contracts for the completion of the Work, or may use such other methods as shall be
required for the completion of the Work in an acceptable manner as the Village may in its
discretion determine.
All costs and charges incurred by the Village, together with the cost of completing the Work
shall be deducted from any moneys due or which may become due on this to the Contractor
under this Contract. Following any payment due and received by the Village from the
Contractor's surety following default, if the expense so incurred by the Village is less than the
sum paid to the Village by the surety under this Contract for work remaining, the surety shall be
entitled to receive the excess difference paid to the Village. When such Contractor default
costs incurred by the Village exceeds the sum paid to the Village for the work remaining under
the Contract the Contractor and the surety shall be liable and shall pay to the Village the full
cost of such additional expenses.
ARTICLE VIII - DEFAULT BY VILLAGE
In the event of a material default by the Village under this Contract, the Village shall have sixty
(60) days, from notice thereof by Contractor, to cure the default prior to Contractor's termination
of this Contract. The failure to pay a contested invoice shall not be considered a material
default. Upon termination, the Village shall be responsible to pay any uncontested payments
due for work performed.
ARTICLE IX— VENUE
The parties hereto agree that for purposes of any lawsuit(s) between them concerning this
Agreement, its enforcement, or the subject matter thereof, venue shall be in Cook County,
Illinois, and the laws of the State of Illinois shall govern the cause of action.
ARTICLE X - SEVERABILITY OF CONTRACT
If any term of this Contract is held by a court of competent jurisdiction to be void or
unenforceable, the remainder of the Contract terms will remain in full force and effect and will
not be affected.
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2017 Storm Sewer Improvements — Park Drive
ARTICLE XI - CUMULATIVE REMEDIES
The exercise or failure to exercise any legal rights and remedies associated with any act of
default or breach hereunder by either Party will not constitute a waiver or forfeiture of any other
rights and remedies, and will be without prejudice to the enforcement of any other right or
remedy available by law or authorized by this Contract.
ARTICLE XII - COMPLIANCE WITH LAWS
Each party to this Contract will comply with all applicable state and federal laws and regulations,
and county and municipal ordinances and regulations.
ARTICLE XIII - DISPUTE RESOLUTION
Should a dispute arise between the Village and the Contractor as to the terms and conditions of
the Contract, or the responsibilities, limitations, or working relations of either Party, the
designated project personnel will make every reasonable effort to resolve the difference in
accordance with the terms and conditions of the Contract. If a dispute continues despite these
efforts, it shall be referred to the Parties' Project Managers.
If the above action fails to resolve the dispute, the Parties may, by agreement, elect to resolve
the dispute through a mediation process. Each Party shall bear its own costs in preparing and
conducting mediation, except that the costs, if any, of the actual mediation proceeding shall be
shared equally by the Parties. The mediation process is defined as follows:
The Parties shall select a mutually agreeable mediator from American Arbitration Association
lists or any other agreeable list to aid the Parties in resolving the dispute. The mediator shall
not be an employee or former employee of either Party. The first meeting shall be held at a
location chosen by the Village. At the meetings, each Party may present materials and/or
arguments to the mediator. The mediator's decision shall be not be binding upon either Party.
In the event that the foregoing steps fail to resolve the dispute, either Party may bring suit in the
Circuit Court of Cook County, Illinois.
ARTICLE XIV - ASSIGNMENT
No rights or interest in this Contract may be assigned by Contractor without prior written notice
being provided by Contractor to the Village and the Village's written approval. The Village shall
not unreasonably withhold its approval of such assignment. In the event of an assignment, the
Contractor shall not be relieved of its obligations under the Contract unless agreed to by the
Village, at its sole discretion.
ARTICLE XV - RECRUITING
The Parties shall not, without the consent of the other Party, entice, encourage, offer special
inducements, or otherwise recruit employees of the other Party during the period of this
Contract and for a period of one (1) year thereafter. This clause is not intended to restrict any
individual's right of employment but rather is intended to preserve the relationship intended
under this Contract and to prevent the Parties from actively recruiting the employees of the
other Party.
ARTICLE XVII - COUNTERPARTS
This Contract may be executed in counterparts, each of which shall be an original and all of
which together shall constitute one and the same agreement.
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2017 Storm Sewer Improvements — Park Drive
ARTICLE XVIII - ENFORCEABILITY
If any provision of this Contract is found to be invalid, illegal or unenforceable, that provision
shall be severable from the rest of this Contract and the validity, legality and enforceability of the
remaining provisions will in no way be affected or impaired.
ARTICLE XIX - EFFECTIVE DATE
The effective date of this Contract shall be the date of the last signature executing the Contract
(hereinafter referred to as the "Effective Date").
ARTICLE XX - ADVERTISEMENT
Contractor shall not use, in its advertising, marketing programs, or other promotional efforts, any
data, pictures, or other representation of the Village, except with the specific written
authorization in advance by the Village.
ARTICLE XXI - CAPTIONS; HEADINGS
The paragraph headings which appear herein are included solely for convenience and shall not
be used in the interpretation of this Contract.
ARTICLE XXII — ENTIRE AGREEMENT
This Contract, consisting of the Contract Documents, constitutes the entire agreement between
the Parties for the subject matter hereof and supersedes all prior arrangements, agreements,
representations and undertakings, written or oral. This Contract may not be changed or modified
except by a written instrument duly executed by each of the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract.
Contractor: VILLAGE OF MOUNT PROSPECT
am
Title:
Date:
ATTEST: ATTEST:
Title:
Date:
50
in
Title:
Date:
Title:
Date:
2017 Storm Sewer Improvements — Park Drive
VILLAGE OF MOUNT PROSPECT
LABOR AND MATERIAL PAYMENT BOND
Bond No. :
Principal Amount:
Contract: 2017 Storm Sewer Improvements — Park Drive
KNOWN ALL MEN BY THESE PRESENTS, that the Village of Mount Prospect, an
Illinois municipal corporation (hereinafter "Village"), has awarded to
as
Principal (hereinafter "Contractor"), a written agreement with the Village dated
, (hereinafter "Contract"), for 2017 Storm Sewer Improvements — Park
Drive in accordance with the drawings and specifications prepared by: Village of Mount
Prospect (Village of Mount Prospect or architect/engineer), which Contract is incorporated
herein and made a part hereof; and
WHEREAS, the Contractor is required to furnish a bond in connection with the Contract
to secure the payment of claims of laborers, workmen, mechanics, material suppliers, and other
persons as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and
, with main office at
as Surety, are held and firmly bound unto the
Village in the penal sum of Dollars ($ ),
lawful money of the United States, for which payment well and truly to be made we bind
ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally,
firmly by these present.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly pay for all laborers, workmen and mechanics engaged in the work under the
Contract, and not less than the general prevailing rate of hourly wages as required by the
Contract and the Illinois Prevailing Wage Act, 820 ILCS 130/1 et seq., and for all material used
or reasonably required for use in the performance of the Contract, and all duly authorized
modifications, alterations, changes or additions to said Contract as may hereafter be made, then
this obligation shall be null and void; otherwise it shall remain in full force and effect, subject to
the following conditions:.
1. A "Claimant" is defined as any person, firm or corporation having contracts with
Contractor or with a subcontractor of Contractor to furnish labor, materials, or both, for
use in the performance of the Contract. "Labor and materials" is construed to include
that part of water, gas, power, light, heat, oil, gasoline, telephone service, rental of
equipment, and any other items for which a mechanic's lien may be asserted.
2. Any person having a claim for labor and materials furnished in the performance of the
Contract shall have no right of action unless he shall have filed a verified notice of such
claim with the Village Clerk within 180 days after the date of the last items of work or the
furnishing of the last item of materials, and filed a copy of that verified notice upon the
Contractor within 10 days after the filing of the notice with the Village Clerk. Filing must
be by personal service or United States Mail, postage prepaid, certified or restricted
delivery, return receipt requested, limited to addressee. The notice shall contain 1) the
name and address of the claimant; 2) the business address of the claimant within the
State of Illinois, if any, or if the claimant be a foreign corporation having no place of
51
2017 Storm Sewer Improvements — Park Drive
business within the State, the principal place of business of the corporation, and in the
case of partnership, the names and residences of each of the partners; 3) the name of
the Contractor for the Village; 3) the name of the person, firm or corporation by whom
the claimant was employed or to whom such claimant furnished materials; 4) a brief
description of the public improvement for the construction or installation of which the
Contract is to be performed; and 5) a description of Claimant's contract as it pertains to
the public improvement describing the work done by the claimant and stating the total
amount due and unpaid as of the date of the verified notice. No defect in the notice
herein provided for shall deprive the claimant of its right of action under the terms and
provision of this Bond unless it shall affirmatively appear that such defect has prejudiced
the rights of an interested party asserting the same.
3. No action shall be brought on this Bond later than one year after the date of the last item
of work or of the furnishing of the last item of materials. Such suit shall be brought only in
the circuit court of the State in the judicial district in which the Contract is to be
performed.
4. The Village shall not be liable for the payment of any costs or expenses of any such
lawsuit, and the Village does not have any obligations to any Claimants who make
claims on this Bond. Surety will pay for all such claims, and for all costs and expenses
of any such lawsuit, up to a maximum of the amount of this Bond.
Surety hereby expressly agrees that no extension of time, change, modification, alteration,
deletion, or addition to the undertakings, covenants, terms, conditions, and agreements of the
Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this
Bond; and it does hereby waive notice of any such extension of time, change, modification,
alteration, deletion, or addition to the undertakings, covenants, terms, conditions, and
agreements of the Contract, or to the work to be performed thereunder.
Surety's obligations hereunder are independent of the obligations of any other surety for the
payment of claims of laborers, workmen, mechanics, material suppliers, and other persons in
connection with the Contract; and suit may be brought against Surety and such other sureties,
jointly and severally, or against any one or more of them, or against less than all of them without
impairing the Village's rights against the others. Any payment by the Surety made in good faith
pursuant to this Bond shall reduce the principal amount of this Bond.
52
2017 Storm Sewer Improvements — Park Drive
Signed and sealed this day of
Contractor
By:
Signature
Title
ATTEST:
Corporate Secretary (corporations only)
STATE OF _
COUNTY OF
I,
certify that
12017.
Surety
By:
Officer Of The Surety
Title
Address:
NOTARY
a Notary Public in and for said county, do hereby
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
Notary Signature:
day of , 201_.
My Commission expires:
(Attach Surety's Power of Attorney)
53
2017 Storm Sewer Improvements — Park Drive
VILLAGE OF MOUNT PROSPECT
PERFORMANCE BOND
Bond No. :
Principal Amount:
Contract: 2017 Storm Sewer Improvements — Park Drive
KNOWN ALL MEN BY THESE PRESENTS, that Contractor
as
Principal (hereinafter "Contractor"), and , with main
office at a
corporation of the state of as Surety (hereinafter "Surety"), are held and
firmly bound unto the Village of Mount Prospect, an Illinois municipal corporation (hereinafter
"Village"), in the penal sum of Dollars
($ ), lawful money of the United States, for the payment of which, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, Contractor has entered into a written agreement with the Village dated
, (hereinafter "Contract"), for the construction of
2017 Storm Sewer Improvements — Park Drive in accordance with the drawings and
specifications prepared by: Village of Mount Prospect (Village of Mount Prospect or
architect/engineer), which Contract is incorporated herein and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Contractor
shall fully, promptly and completely discharge the Contract and all duly authorized modifications,
alterations, changes, or additions to said Contract as may hereafter be made, and during the life
of any guaranty required under the Contract, and, if Contractor shall fully secure and protect the
Village from all liability and from all loss or expense of any kind, including all court costs and
attorneys' fees made necessary or arising from the failure, refusal or neglect of Contractor to
comply with all obligations assumed by Contractor in connection with the performance of the
Contract and all such modifications, alterations, changes, or additions, then this obligation shall
be null and void; otherwise it shall remain in full force and effect.
Upon receipt of written notice from the Village that the Contractor is in default, and
performance by the Village of its obligations under the Contract, Surety will promptly (1) remedy
the default; (2) arrange for the performance of Contractor's obligations under the Contract
through the use of qualified contractors acceptable to the Village; or (3) notify the Village that it
may hire a contractor to complete Contractor's obligations under the Contract. Surety will
promptly notify, in writing, the Village of which option it is exercising. Failure of the Surety to
elect an option within fifteen (15) days of receipt of the notice from the Village shall constitute
authorization to the Village to complete the improvements at Surety's expense.
The balance of the contract price shall be credited against the cost of completing and/or
correcting the Contractor's performance under the Contract. If the cost exceeds the balance of
the contract price, the Surety shall pay the excess amount to the Village, up to a maximum of
the principal amount of this Bond. If the Surety arranges for completion and/or correction or
remedies the default, the balance of the contract price that is required to complete, correct or
remedy the default shall be paid by the Village to Surety. Surety will be responsible, up to the
54
2017 Storm Sewer Improvements — Park Drive
maximum of the principal amount of this Bond, for payment for correction and completion of the
Contract, any additional legal, design professional or delay costs arising from Contractor's
default and/or resulting from action or inaction on the part of the Surety and liquidated damages,
or, if no liquidated damages are provided for in the Contract, actual damages caused by
delayed performance or non-performance by the Contractor or Surety. The Village shall not be
required to pay Surety more than the balance of the contract price.
The term "balance of the contract price" means the total amount payable by the Village
to the Contractor under the contract, and any amendments thereto, less the amounts paid to the
Contractor by the Village.
Any suit under this Bond must be filed before the expiration of two years from the date
on which final payment under the Contract is due or the applicable statute of limitations,
whichever is longer. No right of action shall accrue on this Bond to or for the use of any person
or corporation other than the Village or its heirs, executors, administrators or successors. Any
proceeding, legal or equitable, under this Bond may be instituted in a court of competent
jurisdiction in the location in which the work is located. Notice to any of the parties shall be
mailed to the appropriate address listed above.
Surety hereby waives notice of any modifications, alterations, changes, additions or
extension of time in the Contract.
Signed and sealed this day of , 201_
Contractor
By:
Signature
Title
Surety
Bv:
Officer Of The Surety
Title
ATTEST: Address
Corporate Secretary (corporations only)
NOTARY
STATE OF
COUNTY OF
I, , a Notary Public in and for said county, do hereby
certify that
(Insert Name of Attorney -In -Fact for Surety)
who is personally known to me to be the same person whose name is subscribed to the
foregoing instrument on behalf of Surety, appeared before me this day in person and
acknowledge respectively that he/she signed, sealed, and delivered said instrument as his/her
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
Notary Signature:
day of 1201
My Commission expires:
(Attach Surety's Power of Attorney)
55
Bid Form Page 1
2017 Storm Sewer Improvements — Park Drive
BID FORM
2017 Storm Sewer Improvements — Park Drive
Village of Mount Prospect
Department of Public Works
FROM: A Lamp Concrete Contractors, Inc.
1900 Wright Boulevard Schaumburg, IL 60193
(hereinafter called "Bidder")
TO: Office of the Village Manager, 3rd Floor
50 South Emerson Street
Mount Prospect, Illinois 60056
(hereinafter called "Village" or "Village of Mount Prospect")
Bid For: "2017 Storm Sewer Improvements — Park Drive"
The bidders have familiarized themselves with the work and probable work conditions
required under this Bid affecting the cost of the work and with the Bid Documents which
include:
• Notice to Bidders
• Table of Contents
• Instructions for Bidders
• General Conditions and Special Provisions
• Specifications
• Bid Form
• Affidavit — Bid Certification Form
• Bid Security
• Bid Sheet — 2017 Storm Sewer Improvements — Park Drive
• Contract Document
• Labor and Materials Payment bond form
• Performance Bond Form
• Supporting Documents
Therefore, the Bidder hereby proposes to furnish all supervision, technical personnel,
labor, materials, tools appurtenances, equipment, and services (including all utility and
transportation services) required to construct and complete the Work, all in accordance
with the above listed documents.
Bidder agrees to perform all of the Work and provide the equipment and materials
described in the Bid Documents, as follows:
Bidder has bid on all items and has provided a price for all items.
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2017 Storm Sewer Improvements — Park Drive
Bid Form Page 2
The Bidder acknowledges that it is responsible for verification of all pipe sizes and
depths prior to the ordering of materials.
The Bidder will complete and provide all labor, equipment, materials and mobilization (if
applicable) to perform the Work as incidental to the fixed item price for each item
proposed.
In submitting this bid, the Bidder understands that the Village of Mount Prospect
reserves the right to add to or subtract from the estimated quantities.
The Village of Mount Prospect intends to award one (1) contract (if at all) for the items
bid. If written notice of award of this bid is mailed, emailed or otherwise delivered to the
Bidder at any time before this bid is withdrawn, the Bidder agrees to execute and deliver
the contract in the prescribed form and furnish payment and performance bonds, or
letter of credit, and the insurance certificates required by the Bid Documents to the
Village within ten (10) days after receipt.
The Bidder, and as successful bidder/Contractor upon award of the Contract
understands and agrees to the following:
1) The Contractor agrees to provide all Work and items and material to the Village as
noted in the Bid Documents and comply with the requirements of the Bid
Documents.
2) The Contractor agrees to comply with all applicable state and federal laws, rules
and regulations, and county and municipal ordinances, as described in the General
Conditions.
All Addenda pertaining to this project shall be acknowledged by the Bidder in the
spaces provided below:
Addendum
No.
Addendum
Date
Acknowledgement by Bidder or
Authorized Representative
Date
Acknowledged
Failure to acknowledge receipt, as provided above, may be considered sufficient
grounds for disqualification of the bidder and rejection of his/her bid submittal. A record
of all Addenda and copies of same will be available to all qualified bidders from the
Village of Mount Prospect Public Works Department, 1700 West Central Road, Mount
Prospect, Illinois two (2) days prior to the letting. It shall be the bidder's responsibility to
become fully advised of all Addenda prior to submitting its bid.
2017 Storm Sewer Improvements — Park Drive
Bid Form Page 3
Upon award the contract the Village will send Notice of Award to the successful bidder,
the bidder must then execute the contract and provide the required bonds or letter of
credit and certificate of insurance to the Village within ten (10) days. The Village will
then issue a written Notice to Proceed, which starts the performance period and the
Contractor then has ten (10) days to commence work. The Contractor shall reach
substantial completion within thirty (30) consecutive calendar days after the Notice to
Proceed with final completion fifteen (15) days thereafter. Failure to complete the
work in the designated time frame may result in the Director of Public Works withholding
compensation due the Contractor for failure to complete the said work in the designated
time frame, calling the bonds, or taking such other action as may be available.
Security in the sum of ten (10%) percent of the amount bid in form of (check one):
X Bid Bond Certified Check Bank Cashier's Check
is attached hereto in accordance with the "Instructions for Bidders".
This Bid Submittal contains the following:
1) Bid Form
2) Affidavit — Bid Certification Form
3) Bid Security
4) Bid Sheet(s) — 2017 Storm Sewer Improvements — Park Drive
Respectfully submitted:
Name of Firm/Bidder: A Lamp Concrete Contractors, Inc.
By:
(S(gn ture) ampignan"I:w��,
..�
Title: President
Date: April 24, 2017
Contact Information:
Official Address: 1900 Wright Boulevard
Telephone
Schaumburg, IL 60193
847-891-6000
Email: jmoyer@alampconcrete.com
ONE (1) SIGNED COPY OF THIS BID FORM AND BID SHEET(S) ALONG WITH THE AFFIDAVIT —
BID CERTIFCATION FORM, AND BID SECURITY SHALL BE SUBMITTED IN A SEALED MARKED
ENVELOPE.
41
2017 Storm Sewer Improvements — Park Drive
VILLAGE OF MOUNT PROSPECT
AFFIDAVIT — BID CERTIFICATION FORM
Company/Firm Name: A Lamp Concrete Contractors, Inc.
Address: 1900 Wright Boulevard Schaumburg, IL 60193
As a condition of entering into a contract with the Village of Mount Prospect, and under
oath and penalty of perjury and possible termination of contract rights and debarment,
the undersigned, Adele Lampignano , being first duly sworn on oath,
deposes and states that he or she is president
(sole owner, partner, joint ventured, President, Secretary, etc.) of
A Lamp Concrete Contractors, Inc. and has the authority to make all
(Name of Company)
certifications required by this affidavit.
Section I
Non Collusion
The undersigned certifies that this bid is genuine and not collusive or a sham, that said
bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any
bidder or person, to put in a sham bid or to refrain from bidding, and has not in any
manner, directly or indirectly, sought by agreement or collusion, or communication or
conference with any person, to fix the bid price element of this bid, or of that of any
other bidder, or to secure any advantage against any other bidder or any person
interested in the proposed contract.
Section II
Bid Rigging and Rotating
The undersigned further states that A Lamp Concrete Contractors, Inc.
(Name of Company)
is not barred from bidding or contracting as a result of a conviction for violations of state
laws prohibiting bid rigging or bid rotating or any similar offense of any state of the
United States, as provided in Sections 33E-3 and 33E-4 of the Illinois Criminal Code,
720 ILCS 5/33E-3, 33E-4.
Section III
Drug Free Workplace
The undersigned further states that A Lamp Concrete Contractors, Inc.
(Name of Company)
provides a drug free workplace pursuant to the Drug Free Workplace Act, 30 ILCS
580/1, et seq., and has, to the extent not covered by a collective bargaining that deals
with the subject of the Substance Abuse Prevention in Public Works Projects Act, 820
ILCS 265/1 et seq., a substance abuse prevention program that meets or exceeds
these requirements of that Act.
42
2017 Storm Sewer Improvements — Park Drive
AFFIDAVIT — BID CERTIFICATION FORM — Page 2
Section IV Tax Pavment
The undersigned further states that A Lamp Concrete Contractors, Inc. is
(Name of Company)
not delinquent in payment of any taxes to the Illinois Department of Revenue, in
accordance with Illinois Compiled Statues, 65 ILCS 5/11-42.1. The undersigned
understands that making a false statement regarding delinquency in taxes is a Class A
Misdemeanor and, in addition voids the contract and allows the municipality to recover
all amounts paid to the individual or entity under the contract in civil action.
Section V Sexual Harassment Policy
Pursuant to Section 2-105(A) of the Illinois Human Rights Act, 775 ILCS 5/2-105 (A), every party to a
public contract must:
"Have written sexual harassment policies that shall include, at a mini -mum, the following information: (1)
the illegality of sexual harassment; (II) the definition of sexual harassment under State law; (III) a
description of sexual harassment, utilizing examples; (IV) the vendor's internal complaint process
including penalties; (V) the legal recourse, investigative and complaint process available through the
Department (of Human Rights) and the Commission (Human Rights Commission); (VI) directions on how
to contact the Department and Commission; and (VII) protection against retaliation as provided by
Section 6-101 of the Act. (Illinois Human Rights Act)."
A "public contract" includes: ... every contract to which the State, any of its political subdivisions or any
municipal corporation is a party." 775 ILCS 5/1-103 (M) (2002),
The undersigned further states that A Lamp Concrete Contractors, Inc. has
(Name of Company)
a written sexual harassment policy in place in full compliance with 775 ILCS 5/2-105 (A)
(4).
It is expressly understood the foregoing statements and representations and promises
are made as a condition to the right of the bidder to receive payment under any award
made under the terms and provisions of this bid.
The undersigned certifies that all information contained in this Affidavit is true and
correct.
Signed by: f° �.,�� Title: President
�, ,� ��
S dna re
Name Printed: Adele Lampignano
Signed and sworn to before me this 24th day of April , 20 17.
My commission expires:
FCOMMjIsSI(Q)N
=EXPIRES
N ary Public ILLINOIS
11/16/2020
43
2017 Storm Sewer Improvements — Park Drive
BID SHEET
2017 Storm Sewer Improvements — Park Drive
(TO BE FILLED OUT BY THE CONTRACTOR/BIDDER)
The Bidder will complete pricing for all items (No. 1 through 12) to provide all labor, equipment, materials
and mobilization (if applicable) to perform this work. The fixed item price given is to be all inclusive.
ITEM
NO.
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
TOTAL
1
8° PVC SDR 26
FOOT
66
-�
2
24" RCP, TYPE 3, CLASS III
FOOT
670
3
60" RCP, TYPE 3, CLASS III
FOOT
8
% (
510 --
4
32° X 24" HORIZONTAL ELLIPITICAL RCP, TYPE
2, CLASS HE -III
FOOT
33
L r
J,
5
TRENCH BACKFILL
CU YD
600
6
CATCH BASIN (24" DIA.)
EACH
2
7
MANHOLE (60" DIA.)
EACH
5
-
) alto
8
MANHOLE (96° DIA.)
EACH
1
9
STRUCTURES TO BE ADJUSTED
EACH
1
10
COMBINATION CONCRETE CURB & GUTTER
REMOVAL & REPLACEMENT
FOOT
15
-
(,
11
HMA SURFACE REMOVAL, 3°
SQ YD
925
, tiz
to.,L3 SO
12
HMA BINDER COURSE, N50, 2°
TON
55
(as --
13
LEVELING BINDER (MACHINE METHOD), 1.5"
TON
80
( +j —
10 Mo --
14
BITUMINOUS MATERIALS (PRIME COAT)
POUND
1,080
0 1
4
15
BITUMINOUS MATERIALS (TACK COAT)
POUND
416
16
CLASS D PATCH, TYPE IV
SQ YD
37
(Os -
17
TRAFFIC CONTROL & PROTECTION
L. SUM
1
TOTAL FOR ITEMS (1 through 12)
111
45
p
tl- -1 L"i'l; l 1 I o c u m e n t A 3 1 OTM 20U
CONTRACTOR:
(Name, legal status and address)
A. Lamp Concrete Contractors, Inc.
1900 Wright Blvd
Schaumburg, IL 60193
SURETY:
(jVame, legal status and principal place
of business)
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
OWNER:
(Name, legal status and address)
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
BOND AMOUNT: *** TEN PERCENT OF AMOUNT BID ***
PROJECT:
(Name, location or address, and project number, ff any)
Storm Sewer Improvements - Park Drive
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Proj�egtt t € f r r t,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefro `,hn 6, 1;°,✓
provisions
g to such statutory
er legal requirement shall be deemed incorporated
(furnished, the intent oris that this Bond hall beconstrued uas a statutory bond and not as a common lawherein. hd
bond
Signed and sealed this 24th day of April 2017 - =
A. Lamp Concr to Contractors, Inc. -AL
.) (Prirtla (Seal)
� Title ✓✓, ?�
The Hanov ranee ompany ✓✓✓
(Surety) (Seal)
(With s)
(Title)
Todd SchaaD, Attornev-in-Fact
Init. AIA Document A31011 — 2010. Copyright m 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA '
Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or
any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.
/ Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail
The American Institute of Architects' legal counsel, copyright@aia.org. 061110
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and
to the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing
under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the
laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint,
Thomas O. Chambers, Todd Schaap, Daniel Gibson, Eric Olson, Kimberly S. Rasch, Jackie Sheldon and/or Josie Benson
Of Shorewest Surety Services, Inc. of Racine, WI each individually, if there be more than one named, as its true and lawful attorney(s)-in-fact to
sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds,
recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in
pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the
Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to
bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States, not to exceed Forty Million and Noll 00 ($40,000,000) in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said
Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys -in -fact of the Company, in its name and as it acts, to execute and acknowledge for and on its behalf as surety,
any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to
attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted
and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to
the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted
September 7, 2001 — Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 15th
day of March, 2017.
The Hanover Insurance Company
Massachusetts Bay Insurance company
Citizens Insurance Company of America
�� c , �. A -
John C. Roche, EVP and President
The Hanover Insurance Company
Massachusetts Bay Insurance Company
Citizens Insurance Company of America
James H_ Kacviecld, Mice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER ) ss.
On this 15th day of March, 2017 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay
Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and
acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay
Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly
affixed and subscribed to said instrument by the authoritv and direction of said Corporations.
AL WAW J. u"1140
j—Imm"M
'an*-Diane I ! a o. Navvy Puhiic
My C-...,51aa Csvir March J, 2022
I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of
America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do
hereby further certify that the said Powers of Attorney are still in force and effect.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 24th day of April 2017
CERTIFIED COPY�
'" "�- 1 — Theodore G. "LK -t.:4,
STATE OF WISCONSIN )
COUNTY OF Kenosha )
ON THIS 24th day of April , 2017
before me, a notary public, within and for said County and State, personally appeared _
Todd Schaap to me personally known, who being duly sworn,
upon oath did say that he is the Attorney -in -Fact of and for the
The Hanover Insurance Company , a corporation
of New Hampshire , created, organized and existing under and
by virtue of the laws of the State of New Hampshire ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Todd Schaap did acknowledge that he/she
executed the said instrument as the free act and deed of said Company.
Kimb y . Rasch
Notary Public, Kenosha CI66niy,' Wisconsin
My Commission Expires 1%2/201,8